Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease. B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease. C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent. D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 3 contracts
Sources: Lease (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. Landlord shall use all reasonable efforts to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish or cause to be furnished to the Premises elevator servicethe utilities and services described in the Standards for Services and Utilities, electricityattached hereto as Exhibit B, seasonal air conditioning subject to the conditions and heating, 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 water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours regulations of the Building, as determined from time supplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to restore any service or utility system required of the Building on behalf of Lessee. Lessor it that becomes unavailable; however, such unavailability shall not be render Landlord liable for temporary failure of servicesany damages caused thereby, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of LesseeTenant, nor constitute a breach of any implied warranty, or entitle Lessee Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if: (i) any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of such utility service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling is interrupted because of the premises 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 utilized 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 any a fire or other occupant 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 Building. Which costs are estimated date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to be $3,560.00 annuallyuse such space and the date Tenant provides Landlord with an Interruption Notice, Lessor owns and the Rent payable hereunder shall be responsible abated on a per diem basis for all maintenance and repair each day after such ten (10) Business Day period based upon the percentage of the cooling tower Premises so rendered untenantable and chemicals needed to maintain not used by Tenant, and such abatement shall continue until the system while date the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsPremises become tenantable again.
Appears in 3 contracts
Sources: Lease Termination Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Services and Utilities. A. Lessor covenants that it will, (a) Landlord shall provide the following services and utilities during the normal business hours on all days except Saturdays, Sundays, and federal and state holidays, or unless otherwise stated below. Cost of such services shall be included as an Operating Cost.
(i) when necessary during normal business hours, central heating and air conditioning in the Premises and the Common Areas at temperature levels customary for comparable office buildings in the immediate vicinity (Landlord and Tenant agree that Tenant shall have the right to operate the HVAC system serving the Premises on an after-hours basis and shall pay for such expense in accordance with Section 8(b));
(ii) janitorial services five business days per week; and
(iii) three passenger elevators, to be used in common with other tenants, except for the Building occasion of a temporary repair or replacement of the elevators. “Normal business hours” for purposes of clause (a) above shall be deemed to mean the periods from 8:00 A.M. to a.m. until 6:00 P.M., Mondays p.m. on business days (Monday through Fridays, inclusive, holidays exceptedFriday) furnish and from 8:00 a.m. until 1:00 p.m. on Saturdays. Tenant shall nonetheless have access to the Premises elevator serviceand elevators seven (7) days a week, electricitytwenty-four (24) hours a day, seasonal air conditioning subject to and heatingin accordance with any security procedures that Landlord may have in place.
(b) Tenant shall pay Tenant’s pro rata share of Tenant Electric. In addition, Tenant shall pay for all costs of after-hours HVAC service used by Tenant at an hourly rate mutually agreed upon by Landlord and water Tenant. Electric current supplied to or used in the Premises shall be set at the rate prevailing for lavatory purposesTenant’s class of use as established by the company or companies chosen by Landlord or its designee to provide electricity to the Premises. AdditionallyUpon reasonable prior notice, Lessor will provide janitorial Landlord or its designated electric service provider may have access to the Premises to install equipment necessary to deliver electric service to the Premises or the Building provided that Landlord or the utility company shall restore the Premises to its condition prior to the commencement of such work. Landlord reserves the right to switch electricity providers, if legally permissible, at any time. Landlord shall not be liable to Tenant for damages arising as a result of service interruptions caused by any electric service provider. Electric current supplied to or used in the Premise shall be measured by a submeter.
(c) Any failure by the Landlord to furnish any of the foregoing services or utilities, resulting from circumstances beyond the Landlord’s reasonable control or from interruption of such services due to repairs or maintenance, shall not render the Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of the Tenant, nor cause an abatement of rent hereunder, nor relieve the Tenant from any of its obligations hereunder, unless caused by Landlord or its agents, employees and/or contractors. If any public utility or governmental body shall require the Landlord or the Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, the Landlord and Building Common Areas the Tenant shall comply with such requirements, whether or not the services and will utilities referred to in this section 8 are thereby reduced or otherwise affected, without any liability on the part of the Landlord to the Tenant or any other person or any reduction or adjustment in rent payable hereunder. The Landlord and its agents shall be permitted reasonable access to the Premises for the purpose of installing and servicing systems within the Premises deemed necessary by the Landlord to provide the services and utilities referred to in this Section 8 to the Tenant and other tenants in the Building.
(d) Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises beyond normal office uses. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities existing, such installation shall be subject to Landlord’s prior written approval of Tenant’s plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be responsible for providing any meters or other devices for the measurement of utilities supplied to the Premises. In addition, if Tenant requires lighting other than the standard lighting provided by Landlord for the Building, Tenant shall be required to pay Landlord on demand for the additional costs of such lighting, including light bulb replacement.
(e) Landlord shall cause the Building Common Areas to be cleaned operated a trash removal service for the Project, the costs and generally maintainedexpenses of which shall be a part of Operating Costs. Lessee In the event that Tenant’s use of the Premises requires trash removal services in excess of that required for standard office tenants, Tenant shall pay unto Lessorto Landlord, as additional rent, rent all costs incurred and expenses in excess of the trash removal costs which are attributable to such excess usage.
(f) In the event Tenant wishes, at any time, to utilize the services of a telecommunications provider who is not then authorized by Lessor the Landlord to provide telecommunications services to tenants in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time such provider shall be permitted to time by Lessorinstall its lines or other equipment within the Building after it secures the prior written approval of the Landlord. Landlord hereby authorizes Verizon, Worldcom, and Telephonet to provide telecommunication services to the Building. Tenant shall use its best efforts to get such vendors to execute license and access agreements reasonably acceptable to Landlord provided that such agreements do not materially alter the telecommunication service to Tenant or increase the costs to Tenant of any modification to any building utility or service system necessary to accommodate the Lesseesuch telecommunication services. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same Landlord’s approval shall not be deemed any kind of warranty or representation by Landlord, including, without limitation, any warranty or representation as to constitute an actual the suitability, competence, or constructive evictionfinancial strength of the provider. Without limitation of the foregoing standard, nor entitle Lessee unless all of the following conditions are satisfied to Landlord’s satisfaction, it shall be reasonable for Landlord to refuse to give its approval: (i) Landlord shall incur no expense whatsoever with respect to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default aspect of the provider’s provision of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gasthe costs of installation, electricitymaterials and services; (ii) the provider shall agree to use the Building’s central communications distribution system (“CDS”) to deliver telecommunications services to Tenant (unless the CDS is not physically capable of delivering such services); (iii) prior to commencement of any work in or about the Building by the provider, waterthe provider shall supply Landlord with such written indemnities, cable televisioninsurance, financial statements, and any such other utilities applicable items as Landlord reasonably determines to be necessary to protect its financial interests and the interests of the Building relating to the Premisesproposed activities of the provider; (iv) the provider agrees in writing to abide by such rules and regulations, Building and other codes, job site rules and such other requirements as are reasonably determined by Landlord to be necessary to protect the interests of the Building, the tenants in the Building, and Landlord, in the same or similar manner as Landlord has the right to protect itself and the Building with respect to proposed alterations as described in this Lease; (v) Landlord reasonably determines that there is sufficient space in the Building for the placement of all of the provider’s equipment and materials; (vi) Landlord receives from the provider such compensation as is reasonably determined by Landlord to compensate it for the fair market value of a provider’s occupancy of the Building, and the costs which may reasonably be expected to be incurred by Landlord in conjunction with the provider’s occupancy of and activities within the Building; and (vii) all of the foregoing matters are documented in a written agreement between Landlord and the provider, the form and content of which is reasonably satisfactory to Landlord. Except as otherwise authorized in writing by Landlord, all communications services provided to Tenant shall be delivered via the Building’s CDS. Landlord may charge Tenant’s service providers fees for use of the CDS (“CDS Fees”), which includes monthly recurring fees (“Recurring CDS Fees”) for use of each circuit of the CDS used in the delivery of communications services to Tenant, and non-recurring fees (“Non-Recurring CDS Fees”) relating to activities such as moves, adds and changes of circuits which Landlord or Landlord’s agents are making. In the event that a service provider refuses for any utility reason to pay the Premises CDS Fees directly to Landlord, or if Tenant is directly using the CDS to connect to a provider or otherwise, Tenant shall not be separately meteredresponsible to pay Landlord Non-Recurring CDS Fees, Lessor but in no event shall apportion Tenant be responsible to pay to Landlord Recurring CDS Fees, Landlord shall repair or replace the CDS as necessary to eliminate any interruption or other adverse effects to Tenant caused by malfunction, damage or destruction of the CDS, the cost of such utility among which shall be borne by Tenant if the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served problem was caused directly or indirectly by the utility) act or based upon the intensity omission of use by LesseeTenant, such basis to be determined by Lessor in its sole discretion. In the event of such apportionmentagents, Lessee shall pay to Lessor monthlyrepresentatives, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor thereforemployees or invitees. In no event shall Lessor Landlord or its agents be liable for an any direct or indirect claims or damages of any kind arising out of any interruption or failure of communications or related services (including without limitation, local or long distance phone service, internet, cable TV, CDS, and data services) received by Tenant, it being understood that Tenant shall look solely to its communications services providers for recovery of any such claims or damages. To the extent that Landlord or its agents provides any communications services directly to Tenant, Tenant’s sole remedy in the supplyevent that such services provided by Landlord or its agents are interrupted or otherwise fail shall be an equitable abatement of the fees paid by Tenant to Landlord or its agents for such services, quality pro-rated from the date of the interruption or quantity failure of any utilities within service until the Premises or date upon which service is restored. Landlord shall have the right to designate a third party as its agent to manage and/or own the telecommunications infrastructure in the Building, and same shall in no manner constitute an actual whose responsibilities include without limitation management of circuit activity on the CDS (“Manager”). Manager or constructive eviction of LesseeLandlord may provide to Tenant operating procedures for the CDS, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed including the capacity of existing feeders to the Building phone number(s) for the, person or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be persons responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs operation and maintenance of the roof top cooling towerCDS, pumpsand Tenant agrees to comply with any such procedures. Notwithstanding the foregoing, feedersLandlord may, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any its sole discretion and all upon notice to Tenant, also designate other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts entities as Manager of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsCDS.
Appears in 3 contracts
Sources: Office Lease, Office Lease (Under Armour, Inc.), Office Lease (Under Armour, Inc.)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to Beginning on the Premises elevator serviceDelivery Date, Tenant shall promptly pay, as the same become due, all charges for water, gas, electricity, seasonal air conditioning telephone, sewer service, waste pick-up and heatingany other utilities, materials and water for lavatory purposes. Additionally, Lessor will provide janitorial service for services furnished directly to or used by Tenant on or about the Premises and Building Common Areas and will cause during the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesTerm, including, without limitation, gas(a) meter, electricityuse and/or connection fees, waterhook-up fees, cable televisionor standby fees, and (b) penalties for discontinued interrupted service. If any other utilities applicable utility service is not separately metered to the Premises. In the event that any utility to the Premises , then Tenant shall not be separately metered, Lessor shall apportion pay its pro rata share of the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building service with all others served by the utilityservice not separately metered. However, if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service (whether or not separately metered), then Landlord, at its election, may (i) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthlyperiodically charge Tenant, as additional rentAdditional Rent, Lessee’s portion a sum equal to Landlord's reasonable estimate of the cost of Tenant's excess use of such utilityutility service, within three and/or (ii) install, at Tenant's expense, a separate meter to measure the utility service supplied to the Premises. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if (1) an interruption of the Project services occurs, (2) such interruption prevents Tenant from occupying, and Tenant does not occupy, all or a material portion of the Premises for the Permitted Use for a period of at least seven (7) consecutive days, and (3) days such interruption was caused solely by the negligence or willful misconduct of receipt Landlord, its agents or employees, then monthly Rent shall thereafter be abated until the earlier of (i) the date on which such interruption ceases or (ii) the date on which Tenant resumes occupying all or a statement material portion of the Premises. Such abatement shall be in proportion to the ratio that the amount of rentable square feet of the Premises that Tenant is prevented from Lessor therefor. In no event shall Lessor be liable occupying and does not occupy for an interruption or failure the Permitted Use bears to the total rentable square feet of the Premises; provided, however, that if the portion of the Premises that Tenant is prevented from occupying and does not occupy for the Permitted Use is so significant as to prevent Tenant from conducting business in the supplyPremises, quality or quantity then the full amount of any utilities within monthly Rent shall be abated during the Premises or Building, and same shall abatement period described in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants the preceding sentence. Tenant acknowledges and agrees that at all times the abatement set forth in this Section shall be its use sole remedy in the event of electric current a cessation or interruption in the provision of Project services, and Tenant shall not exceed the capacity of existing feeders have any right to the Building offset or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for deduct any costs including but not limited to usage and security depositsor expenses incurred by Tenant in connection therewith against Rent.
Appears in 2 contracts
Sources: Lease (Trimble Navigation LTD /Ca/), Lease Agreement (Trimble Navigation LTD /Ca/)
Services and Utilities. A. Subject to the rules and regulations of the ---------------------- Building of which the Premises are a pan, Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring the hours of 7:00 a.m. to 6:00 p.m., electricityMonday through Friday, seasonal air other than recognized Building holidays (collectively, "Building Hours"), heating and air-conditioning service which is required in Lessor's good faith judgment for the comfortable use and heatingoccupation of the Premises, and at all times electricity for normal lighting, water and elevator service which am required in Lessor's good faith judgment for lavatory purposesthe comfortable use and occupation of the Premises. AdditionallyDuring recognized business days for the Building, and subject to the reasonable rules and regulations of the Building and Project. Lessor will provide janitorial service for shall furnish to the Premises and the Common Areas, janitorial service, window washing, fluorescent tube replacement and toilet supplies; provided, however, Lessor shall not be required to provide janitorial services for any portion of the Premises to the extent required as a result of the preparation or consumption of food or beverages (provided that nothing in this paragraph shall be construed as a consent by Lessor to the preparation or consumption of such food or beverages unless otherwise expressly provided elsewhere in this Lease). Lessor shall also maintain and keep lighted during such hours and after-hours (at levels sufficient for after-hours usage) the common stairs, common entries and toilet rooms in the Building. Lessor shall not be liable for, and Lessee shall not be entitled to, any reduction of Rentals by reason of Lessor's failure to furnish any of the foregoing when such failure is caused by casualty, Act of God, accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Lessor. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee's business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the Temperature otherwise maintained by the air conditioning system, Lessor reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor as additional rent. The costs of all utilities and services furnished by Lessor to Lessee pursuant to this Article 17 which am not specified as being reimbursed or paid directly by Lessee shall be included as items of Building Common Areas Operating Expenses. Lessee will not, without the prior written consent of Lessor, use or permit the use of any apparatus or device in or upon the Premises (including, but without limitation thereto, machines using in excess of 120 volts), which will in any way increase the amount of gas, electricity or water usually furnished or supplied for the use of the Premises as general office space (which, as to electricity consumption, the parties hereby agree to mean not more than three (3) ▇▇▇▇▇ per square foot of usable area on a demand load basis); nor will Lessee connect or permit connection of any apparatus or device for the purpose of using gas, electric current or water with electric current, gas or water supply lines, except for electricity through existing electrical outlets in the Premises. If Lessee requires water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space (including, without limitation, as a result of use at times other than during Building Hours), Lessee shall first procure the written consent of Lessor to the use thereof (which consent may be granted or withheld in Lessor's sole and will absolute discretion, except that no such consent shall be required for mere operation by Lessee during times other than Building Hours) and Lessor may cause the Building Common Areas a water or gas meter or electric current meter to be cleaned installed in the Premises so as to measure the amount of water, gas and generally maintainedelectric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee shall and Lessee agrees to pay unto to Lessor, as additional rent, all costs incurred promptly upon demand therefor by Lessor for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in providing any building services keeping account of the water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineer selected by Lessor. Lessor hereby represents that the Project is presently serviced by an emergency back-up generator intended to provide electrical service to the Building in the event of power failure, which Lessor hereby represents and warrants to Lessor's actual knowledge to be in good operating condition; provided that Lessor makes no representation whether such back-up generator shall be sufficient for Lessee's needs in the event of a power failure. Any connection by Lessee of Lessee's critical electrical systems to such emergency back-up generator shall be subject to Lessor's reasonable approval (including, without limitation, as to manner of connection and capacity of systems within the Premises required to be serviced by such generator). If requested by Lessee at times least one (1) business day in advance, heating, ventilation and air conditioning ("HVAC") service shall be provided to the Premises other than during Building Hours (for a minimum period of three (3) consecutive hours at a time, except for after-hours HVAC service immediately following Building Hours, at which time the normal operating hours of the Buildingminimum period shall be one (1) hour), as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. provided that Lessee shall pay to Lessor for each such hour of HVAC service during non-Building Hours, the then prevailing charge by Lessor for such service (which shall equal Lessor, or directly to 's determination in Lessor's sole business judgment of the utility provider if requested by Lessor, all costs actual cost of providing any utility servicessuch non-Building Hours HVAC service, including, without limitation, gasa reasonable administrative charge), electricity, water, cable television, and any other utilities applicable to which is presently Twenty-Five Dollars ($25.00) per hour per zone (the Premises. In the event parties hereby acknowledge that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis there are two (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility2) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable zones for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant purposes hereof per each floor of the Building). Which costs are estimated to be $3,560.00 annually, Lessor owns and Amounts payable by Lessee hereunder shall be responsible for all maintenance and repair paid as additional rent within thirty (30) days following Lessee's receipt of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsLessor's billing therefor.
Appears in 2 contracts
Sources: Net Office Lease (Chordiant Software Inc), Net Office Lease (Chordiant Software Inc)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee Tenant shall pay unto Lessorpromptly pay, as additional rentthe same ---------------------- become due, all costs incurred by Lessor in providing any building services charges for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitationwater, gas, electricity, watertelephone, cable televisionsewer service, waste pick-up and any other utilities applicable utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, and water service available to the Premises as of the Commencement Date), and (ii) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises. In the event that any utility to the Premises , then Tenant shall not be separately metered, Lessor shall apportion pay its pro rata share of the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building service with all others served by the utilityservice not separately metered. However, if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service not separately metered. then Landlord at its election may (i) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthlyperiodically charge Tenant, as additional rentAdditional Rent, Lessee’s portion a sum equal to Landlord's reasonable estimate of the cost of Tenant's excess use of such utilityutility service, within three or (3ii) days install, at Tenant's expense, a separate meter to measure the utility service supplied to the Premises. Any interruption or cessation of receipt utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of a statement from Lessor therefor. In no event any area of the Project shall Lessor be not render Landlord liable for an damages to either person or property or for interruption or failure in the supplyloss to Tenant's business, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute nor be construed as an actual or constructive eviction of LesseeTenant, nor entitle Lessee to any work an abatement of any Rent under this Lease.
C. Lessee covenants and agrees portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, in the event that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling an interruption of the premises not utilized Project services causes the Premises (or any portion thereof) to be untenantable for a period of at least five (5) consecutive business days, and such interruption was caused by any other occupant the negligence or willful misconduct of Landlord or its agents, employees or contractors, then monthly Rent shall be proportionately abated for such untenantable portion of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsPremises.
Appears in 2 contracts
Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Services and Utilities. A. Lessor covenants Landlord will furnish only the following services to Tenant:
(A) Cleaning services, deemed by Landlord to be normal and usual in a first class office building, on Monday through Friday (but not on New Years Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇’▇ Birthday and any other national legal holiday which may be established), except that it willshampooing and replacement of carpet as required by Tenant shall be at Tenant’s expense.
(B) Automatically operated elevator service during Business Hours (i.e., standard passenger and freight elevator services) with at least one passenger elevator during non-business hours; public stairs; electrical current for lighting, incidentals, and normal office use for general use of the normal business hours Project’s tenants; and water at those points of supply provided for general use of the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish Project’s tenants at all times and on all days throughout the year. Tenant shall nonetheless have access to the Leased Premises elevator service, electricity, seasonal air conditioning at all times and heating, ventilation and water air conditioning services shall be available to Tenant twenty-four (24) hours per day, three hundred sixty five (365) days per year. Such services shall be provided as long as Tenant is not in default under any of the terms, provisions, covenants and conditions of this Lease, subject to interruption caused by repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, actions or requirements by any governmental agency or official, acts of God and conditions and causes beyond the control of Landlord, and upon such happening, no claim for lavatory purposesdamages or abatement of Rent for failure to furnish any such services shall be made by Tenant or allowed by Landlord nor shall any such happening be construed as a constructive eviction of Tenant. AdditionallyAll other responsibility for maintenance of the Leased Premises, Lessor will provide janitorial service unless specifically assigned to Landlord, shall be the responsibility of Tenant. Tenant agrees to pay for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services and expenses for Lessee at times other than the normal operating hours of the Buildingelectricity, as determined from time to time by Lessorheat, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaidcooling, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitationtelephone, gas, electricityif any, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated utilities furnished to or connected with the Leased Premises during the Tenant’s construction of Tenant’s Work or installation of other improvements and during the Lease Term, promptly as each payment becomes due including, but not limited to, all initial changes, costs and fees. No electric current shall be used except that furnished or approved by Landlord, nor shall electric cable or wire be brought into the Leased Premises, except upon the written consent and approval of Landlord. Tenant shall use only office machines, fixtures, and equipment that operate on the Project’s standard electric circuits, but which in no event shall overload the Project’s standard electric circuits from which Tenant obtains electric current. Any required installation of special circuits or equipment to service Tenant’s unusual electrical needs shall be at Tenant’s expense and only if prior approval therefor is given in writing by Landlord. Should Tenant require HVAC at any time other than the Building Hours, the same may be provided at an additional cooling cost to Tenant in accordance with Landlord’s charges for the same then in effect and subject to change during the Lease Term. Further, Landlord reserves the right to require the Tenant to install and maintain, at the Tenant’s sole cost and expense, a water meter or sub-meter. If the Leased Premises is separately metered for electricity, then Tenant shall arrange for electric service and establish an account for electric service with the local power/electrical company servicing the Project. If no such separate meter is in place, Tenant shall pay for its electrical usage as a part of Tenant’s payment toward Operating Expenses. If the Landlord requires, the Tenant agrees to make payments for its water and sewer service directly to Landlord as a reimbursement for expenses Landlord has incurred on Tenant’s behalf, directly to the company providing the service, or as part of Tenant’s payment toward Operating Expenses. If Landlord requires Tenant to install a water meter or sub-meter, Landlord will not charge Tenant for Tenant’s pro-rata share of the premises not utilized by cost for water consumption from any other occupant of the Buildingsimilar tenant meters. Which costs are estimated to be $3,560.00 annuallyHowever, Lessor owns and shall Tenant will still be responsible for all maintenance and repair the pro-rata share of the cooling tower and chemicals needed to maintain cost of water consumed in connection with the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsCommon Areas (as defined below).
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Omnicomm Systems Inc)
Services and Utilities. A. Lessor covenants that it will13.1 Subject to the other provisions of this Lease, during the normal business hours for the Building (8:00 A.M. Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicecommon areas of the Building, electricity, seasonal the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and heating, occupation of the common areas of the Building; (c) cleaning and water for lavatory purposes. Additionally, Lessor will provide janitorial service for common areas; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord's judgment by reasonably required; and, (f) provisions to bring electricity to the floor of the Premises and Building Common Areas and will cause an amount equal to no less than 800 amps @ 480V on or before the Building Common Areas to be cleaned and generally maintainedCommencement Date with ultimate requirement of 1,250 amps @ 480V on or before one hundred eighty (180) days after the Rent Commencement Date. Lessee To the extent that Tenant is not billled directly by a public utility, Tenant shall pay unto Lessorpay, upon demand, as additional rent, for all costs incurred electricity used by Lessor Tenant in providing any building services for Lessee at times other than the normal operating hours of Premises, including the Building, as determined from time to time by Lessor, and the costs usage of any modification temporary power supplied to any building utility or service system necessary Tenant prior to accommodate the LesseeCommencement Date. Notwithstanding The charge shall be at the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of pro rata rates charged for such services by the Building on behalf of Lesseelocal public utility. Lessor Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required to furnish liable when such services to Lessee so long as Lessee failure is in default caused by accident, breakage, repairs, labor disputes of its obligations under this Lease.
B. Lessee shall pay to Lessorany character, energy usage restrictions or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable cause, similar or dissimilar, beyond the reasonable control of Landlord. If the disruption of services is due to Landlord's negligence or willful misconduct and, as a result thereof, Tenant is unable to operate in the Premises more than five (5) days, then Tenant shall receive an abatement of Rent after the fifth (5th) day until Tenant is again able to operate in the Premises. In Landlord shall use reasonable efforts to remedy any interruption in the event that any utility to the Premises furnishing of services and utilities. Landlord shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor except in its sole discretion. In the event of such apportionmentan emergency or a force majeure event) exercise any right of Landlord to reduce, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion interrupt or cease service of the cost heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of such utilitythe Premises, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not Property, without advising Tenant in advance of Landlord's requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord's goals and minimize the interruption to connect Tenant's use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis.
13.2 Should Tenant require any additional electrical equipment work or service, as described above and in Paragraph 38, Landlord may, on terms to the Building electric distribution systembe agreed, other upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than lampsLandlord's actual cost for such additional service and, typewriters and other small office machines which consume comparable amounts where appropriate, a reasonable allowance for depreciation of electricity, without Lessor’s prior written consentany systems being used to provide such service.
D. Lessee 13.3 If Tenant shall reimburse require water or electric current in excess of that required to Lessor all costs be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals such excess water and electric current. The cost of any such meters and any and all other equipment associated with the additional cooling installations or expense required or incurred as a result of the premises not utilized increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any other occupant additional expense incurred in keeping account of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns water and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositscurrent so consumed.
Appears in 2 contracts
Sources: Lease (Startec Global Communications Corp), Lease (Startec Global Communications Corp)
Services and Utilities. A. Lessor covenants that it will, during 7.1 Landlord shall furnish Tenant with the normal business hours following services: (1) hot and cold water service for use in the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to lavatories on each floor on which the Premises elevator service, electricity, seasonal air conditioning and heatingare located, and water for lavatory purposes. Additionallydrinking purposes (provided, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor that Landlord shall not be required to furnish provide special filtration or otherwise provide treatment to the available tap water in order to make it more desirable to Tenant for drinking or cooking purposes); (2) heat, ventilation and air conditioning in season during Normal Business Hours, at such services temperatures and in such amounts as are standard for comparable Class A office buildings or as required by governmental authority. Tenant, upon such advance notice (which may be telephonic) as is reasonably required by Landlord, shall have the right to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee receive HVAC service during hours other than Normal Business Hours (Tenant shall pay to LessorLandlord’s reasonable charge for the additional service, or directly to the utility provider if requested by Lessor, all costs of which charge shall approximate Landlord’s actual expense in providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three service); (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower Premises or Property as described in Section 9.2 and chemicals needed to maintain fulfill its obligations in Section 4.3.; (4) elevator services; (5) reasonable quantities of electricity and other utilities to the system while Premises for general office use; (6) washing of interior and exterior surfaces of exterior windows with reasonable frequency; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Lessee shall be responsible for Premises or the Property as a Class A office building.
7.2 Tenant’s failure to receive or any and all costs for such repairs and maintenance interruption or termination of, services due to the application of Laws, the roof top cooling towerfailure of any equipment, pumpsthe performance of repairs, feedersimprovements or alterations, chemicals in which cost or the occurrence of any event or cause (a “Service Failure”) shall not exceed $10,000 annually including render Landlord liable to Tenant for damages, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the estimated maintenance contractobligation to fulfill any covenant or agreement. Lessee Landlord shall be responsible for any and all other equipment associated with this system including but not limited use its commercially reasonable best efforts to correct the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsService Failure as soon as possible.
Appears in 2 contracts
Sources: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. Landlord shall not be obligated to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, utilities (including, without limitation, gas, electricity, water, cable televisionjanitorial services), and Tenant shall contract directly with the providers of all services and utilities Tenant desires to receive at the Premises, at Tenant’s sole cost and expense. Tenant shall have the right to add alternative electricity sources such as additional solar panels, the installation of which shall be subject to Section 3.4. Landlord is not responsible for the furnishing of, or any other utilities applicable interruption, diminishment or termination of, services or utilities, whether due to the Premises. In application of Laws, the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within equipment, the Premises performance of maintenance, repairs, improvements or Buildingalterations, or utility interruptions, and same no such interruption, diminishment, or termination shall render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any covenant or agreement. Except as expressly set forth in Article 9, below, Landlord shall in no manner constitute an actual event be required under any provision of this Lease or constructive eviction applicable Law to maintain or repair or to make any alterations, rebuildings, replacements, changes, additions or improvements on or off the Premises during the Term of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees . Tenant acknowledges that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and it shall be responsible for providing and procuring all maintenance other services necessary to its operations in and repair on the Premises. If Tenant (or any party claiming by, through or under Tenant) pays directly to the provider for any energy consumed at the Buildings, Tenant, promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about consumption that Landlord, in its reasonable judgment, is required to disclose to a prospective buyer, tenant or mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the cooling tower and chemicals needed California Civil Code or any similar or successor laws now or hereinafter in effect. At Landlord’s request, Tenant shall provide Landlord information regarding Tenant’s energy usage at the Premises from time to maintain the system while the Lessee time (provided that Landlord shall be responsible for any and all costs for hold such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited information confidential to the packaged units located extent Landlord is not required to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such information to make public statements about the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts sustainability profile or “green” nature of the premises put in the LesseeLandlord, or Landlord’s name and shall be responsible for any costs including but not limited to usage and security depositsaffiliates, properties).
Appears in 2 contracts
Sources: Lease Agreement (Ionis Pharmaceuticals Inc), Purchase and Sale Agreement (Ionis Pharmaceuticals Inc)
Services and Utilities. A. Lessor covenants Provided that it willTenant is not in default hereunder and except as otherwise provided herein, during the normal business hours for the Building (8:00 A.M. Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring hours determined by Landlord in its sole discretion and subject to (i) the Rules and Regulations of the Building or Project, (ii) applicable governmental rules, regulations and guidelines, and (iii) the rules or actions of the public utility furnishing the same, electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Landlord's sole discretion for the comfortable use and occupancy of the Premises during reasonable business hours, Monday through Friday, excluding Holidays. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefrom demand as additional rent hereunder. Landlord shall also maintain and keep lighted the common areas, common entries and restrooms in the Building; provided, however, that lighting for any or all of the foregoing areas may be operated under automatic sensor devices. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, seasonal air conditioning and heatinggas or any other form of energy serving the Premises, and water for lavatory purposesBuilding or Project. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable under any circumstances for temporary a loss of or injury to Tenant's property or business, however occurring, through or in connection with or incidental to failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish any such services services. If Tenant uses heat generating machines or equipment in the Premises that affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to Lessee so long install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord as Lessee is additional rent hereunder. Tenant shall not, without the written consent of Landlord, use any apparatus or device in default of its obligations under this Lease.
B. Lessee shall pay to Lessorthe Premises, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, including without limitation, gaselectronic data processing machines, electricitypunch card machines or machines using in excess of 120 volts, waterwhich consumes more electricity than is usually furnished or supplied for the use of Premises as general office space, cable television, and as determined in Landlord's sole discretion. Tenant shall not connect any other utilities applicable to apparatus with electric current except through existing electrical outlets in the Premises. In the event that any utility to the Premises Tenant shall not be separately metered, Lessor shall apportion consume water or electric current in excess of that usually furnished or supplied for the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet use of the Premises as general office (as determined in Landlord' s sole discretion), without first procuring the written consent of Landlord, which Landlord may refuse in Landlord's sole and absolute discretion. Landlord may have installed a water or electric meter in the Premises to measure the Rentable Square Feet amount of water or electricity consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the areas of water and electric current so consumed. If a separate meter is not installed, the Building served by the utility) or based upon the intensity of use by Lessee, excess cost for such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, water and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Landlord shall furnish elevator service, janitorial service, lighting replacement for building standard lights, restroom supplies, and window washing in a manner that such services are customarily furnished to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small comparable office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located buildings in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 2 contracts
Sources: Office Suite Lease Agreement (High Desert Holding Corp.), Office Suite Lease Agreement (High Desert Holding Corp.)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for (a) Landlord shall maintain the Building Common Areas, the common areas of the Office Park, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition, except for damage occasioned by the act of Tenant, which damage Landlord shall repair at Tenant's expense.
(8:00 A.M. b) Provided Tenant shall not be in default hereunder, and subject to 6:00 P.M.the provisions elsewhere herein contained and to the rules and regulations of the Building, Mondays through Fridays, inclusive, holidays excepted) Landlord agrees to furnish to the Premises janitorial services during the times and in the manner that such services are, in Landlord's judgment, customarily furnished in comparable office buildings in the immediate market area, elevator service, electricity, seasonal air conditioning and heating, service and water for lavatory purposesservice. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause Landlord shall also furnish the Building Common Areas to be cleaned with heat, air conditioning, electric and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor water required in providing any building services Landlord's judgment for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system use of the Building on behalf Common Areas. Landlord shall establish separate electrical service and metering of Lesseethe Premises. Lessor All electric bills associated with the separate meters shall be sent directly to Tenant for payment.
(c) Landlord shall not be in default hereunder or be liable for temporary failure any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of, (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing utilities and services, and same shall not be deemed (ii) failure to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessorfurnish, or directly to delay in furnishing, any such utilities or services when such failure or delay shall be caused by acts of God or the utility provider if requested by Lessorelements, all costs labor disturbances of providing any utility servicescharacter, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable accidents or other conditions which shall be beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution systemOffice Park, other than lampsor (iii) the limitation, typewriters and other small office machines which consume comparable amounts curtailment, rationing or restriction on use of water, electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by gas or any other occupant form of energy or any other service or utility whatsoever which shall serve the Premises or the Building. Which costs are estimated to be $3,560.00 annuallyFurthermore, Lessor owns and Landlord shall be responsible for all maintenance and repair entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing energy or other resource consumption, not to affect the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsTenant's separate meter.
Appears in 2 contracts
Sources: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant shall not be in default under this Lease beyond any cure period, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service(as to HVAC, electricityduring Building Business Hours specified on the Reference Pages on generally recognized business days, seasonal air conditioning but exclusive in any event of Sundays and heatingnational and local legal holidays), the following services and water utilities consistent with standards for lavatory purposes. Additionallycomparable Class A office buildings in the Cambridge, Lessor will provide janitorial service MA area, in quantities sufficient for the Premises reasonably anticipated demand for such services and Building Common Areas subject to the rules and will cause regulations of the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined prescribed from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service (provided only on behalf generally recognized business days); (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. In the absence of Lessee. Lessor Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required to furnish liable when such services to Lessee so long as Lessee failure is in default of its obligations under this Lease.
B. Lessee shall pay to Lessorcaused by accident, or directly to the utility provider if requested by Lessorbreakage, all costs of providing any utility servicesrepairs, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity labor disputes of any utilities within the Premises character, energy usage restrictions or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant cause, similar or dissimilar, beyond the reasonable control of the BuildingLandlord. Which costs are estimated Landlord shall use commercially reasonable efforts to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for remedy any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located interruption in the lab area. Lessee shall also have the electrical meter account supplying electric to this system furnishing of services and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsutilities as soon as possible.
Appears in 2 contracts
Sources: Lease (Alnylam Pharmaceuticals, Inc.), Lease (Alnylam Pharmaceuticals, Inc.)
Services and Utilities. A. Lessor covenants that it will(a) As long as an Event of Default shall not exist, Landlord shall provide the following services and utilities during the normal business hours on all days except Sundays and federal and state holidays, or unless otherwise stated below. Cost of such services shall be included as an Operating Cost.
(i) when necessary during normal business hours, central heating and air conditioning in the Common Areas at temperature levels customary for comparable office buildings in the Building immediate vicinity;
(8:00 A.M. ii) janitorial services five business days per week; and
(iii) at least one elevator, to 6:00 P.M., Mondays be used in common with other tenants. “Normal business hours” for purposes of clause (a) above shall be deemed to mean the periods from 8:30 a.m. until 5:30 p.m. on business days (Monday through Fridays, inclusive, holidays excepted) furnish Friday). Tenant shall nonetheless have access to the Premises elevator serviceand elevators twenty-four (24) hours a day, electricitysubject to and in accordance with any security procedures that Landlord may have in place.
(b) Tenant shall be responsible for all electricity to the Premises, seasonal air conditioning and heatingincluding lights, outlets, VAV boxes, and water for lavatory purposesTenant’s proportionate share of the air handling units on the floor, and after-hours HVAC service to the Premises. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee Tenant shall pay unto Lessorfor electric current supplied to or used in the Premises. Except for electricity serving the air handling units on the floor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time electric service shall be separately metered and billed directly to time by LessorTenant, and Tenant shall make payments directly to the costs of any modification to any building utility or service system necessary to accommodate the Lesseeprovider. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable to Tenant for temporary damages arising as a result of service interruptions caused by any electric service provider.
(c) Any failure by the Landlord to furnish any of servicesthe foregoing services or utilities to the Building, resulting from circumstances beyond the Landlord’s reasonable control or from interruption of such services due to repairs or maintenance shall not render the Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of the Tenant, nor cause an abatement of rent hereunder, nor relieve the Tenant from any of its obligations hereunder. Notwithstanding the foregoing to the contrary, Tenant shall be entitled to receive a rent abatement in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder if (a) Landlord is not proceeding diligently and in good faith to correct such failure and inability and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of ten (10) consecutive business days after Tenant gives Landlord written notice thereof, and same if Tenant does not in fact use the Premises using such period. If any public utility or governmental body shall require the Landlord or the Tenant to restrict the consumption of any utility or reduce any service for the Building, the Landlord and the Tenant shall comply with such requirements, whether or not the services and utilities referred to in this section 8 are thereby reduced or otherwise affected, without any liability on the part of the Landlord to the Tenant or any other person or any reduction or adjustment in rent payable hereunder.
(d) Tenant shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, or other facilities by which such utilities are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional utility facilities or utility facilities of a greater capacity than the facilities existing, such installation shall be subject to Landlord’s prior written approval of Tenant’s plans and specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to accommodate Tenant’s installation, Tenant agrees to pay Landlord, on demand, the cost for providing such additional utility facilities or utility facilities of greater capacity. Landlord shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of responsible for providing any utility services, including, without limitation, gas, electricity, water, cable television, and any meters or other devices for the measurement of utilities applicable supplied to the Premises.
(e) Landlord shall cause to be operated a trash removal service for the Project, the costs and expenses of which shall be a part of Operating Costs. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet Tenant’s use of the Premises as to the Rentable Square Feet requires trash removal services in excess of the areas of the Building served by the utility) or based upon the intensity of use by Lesseethat required for standard office tenants, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee Tenant shall pay to Lessor monthlyLandlord, as additional rent, Lessee’s portion rent all costs and expenses in excess of the cost of trash removal costs which are attributable to such utility, within three excess usage.
(3f) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of The Landlord does not warrant that any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to provided by any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to utility company for the Building or the Building risers Landlord will be free from shortages, failures, variations or wiring installationinterruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond the Landlord’s reasonable control. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and The Landlord in no event shall be responsible liable for all maintenance and repair damages by reason of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance shortage, failure or variation, including without limitation loss of the roof top cooling towerprofits, pumpsbusiness interruption or other incidental or consequential damages unless caused by Landlord or its agents, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsemployees and/or contractors.
Appears in 1 contract
Sources: Office Lease (Millennial Media Inc.)
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant shall not be in default under this Lease beyond notice and cure periods, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning the following services and heating, utilities subject to the reasonable rules and regulations of the Building prescribed from time to time: (a) hot and cold water suitable for lavatory purposes. Additionally, Lessor will provide janitorial service for normal office use of the Premises and Building Common Areas to the lavatories; (b) heat and will cause air conditioning sufficient for the Building Common Areas to be cleaned use and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours occupation of the BuildingPremises during Building Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, as determined from time if applicable; and, (e) equipment to time bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by Lessora public utility, and Tenant shall pay, within twenty (20) days of Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of any modification to any building utility Landlord’s negligence or service system necessary to accommodate the Lessee. Notwithstanding the aforesaidwillful misconduct, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution reduction of rental by reason of Landlord’s failure to furnish any of the foregoing (except as such forth in rent payable under this Lease. Lessor Section 7.4), unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required to furnish liable when such services to Lessee so long as Lessee failure is in default of its obligations under this Lease.
B. Lessee shall pay to Lessorcaused by accident, or directly to the utility provider if requested by Lessorbreakage, all costs of providing any utility servicesrepairs, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity labor disputes of any utilities within the Premises character, energy usage restrictions or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant cause, similar or dissimilar, beyond the reasonable control of the BuildingLandlord. Which costs are estimated Landlord shall use reasonable efforts to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for remedy any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located interruption in the lab area. Lessee shall also have the electrical meter account supplying electric to this system furnishing of services and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsutilities.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant shall not be in default under this Lease, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), electricity, seasonal the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service required in Landlord’s judgment for the Premises use and Building Common Areas occupation of the Premises; (c) cleaning and will cause janitorial service; (d) elevator service by nonattended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use; and (g) electricity for lighting, convenience outlets and normal office equipment. To the Building Common Areas to be cleaned and generally maintained. Lessee extent that Tenant is not billed directly by a public utility, Tenant shall pay unto Lessorpay, upon demand, as additional rent, for all costs incurred electricity used by Lessor Tenant in providing any building the Premises. The charge shall be at the rates charged for such services for Lessee at times other than by the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lesseelocal public utility. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such services additional service and Tenant agrees to Lessee so long pay Landlord such charges as Lessee may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC is in default of its obligations under this Lease$45.00 per hour, subject to change at any time.
B. Lessee shall pay to Lessor, 13.3 Wherever heat-generating machines or directly to the utility provider if requested equipment are used by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to Tenant in the Premises shall not be separately meteredwhich affect the temperature otherwise maintained by the air conditioning system, Lessor shall apportion Landlord reserves the right to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord upon demand as such utility among additional rent.
13.4 Tenant will not, without the various lessees served thereby on either a square footage basis (based upon written consent of Landlord, use any apparatus or device in the proportion Premises, including but not limited to, electronic data processing machines and machines using current in excess of Rentable Square Feet 200 ▇▇▇▇▇ or 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as to normal office use, Tenant shall procure the Rentable Square Feet prior written consent of Landlord for the areas of the Building served by the utility) use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or based upon the intensity of use by Lessee, such basis electric current meter to be determined by Lessor in its sole discretion. In installed so as to measure the event amount of such apportionment, Lessee excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Lessor monthly, as additional rentrent to Landlord promptly upon demand therefor, Lessee’s portion of the cost of all such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, excess water and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the capacity of existing feeders to rates charged for such services by the Building local public utility or agency, as the Building risers or wiring installation. Lessee agrees not to connect case may be, furnishing the same, plus any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling expense incurred in keeping account of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns water and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositscurrent so consumed.
Appears in 1 contract
Sources: Lease Agreement (PBSJ Corp /Fl/)
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall provide the maintenance and repairs described in Paragraph 8(a), during except for damage occasioned by the normal business hours act or omission of Tenant or for the Building which Tenant is responsible pursuant to Paragraph 8(c), which damage shall be repaired by Landlord at Tenant's expense.
(8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays exceptedb) furnish Subject to the Premises elevator serviceprovisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, seasonal air conditioning gas, telephone, cable and heatingdigital services. In addition, except as set forth in Paragraph 8, Tenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and water for lavatory purposesall other maintenance, repair and services as described in Paragraph 8(b). AdditionallyLandlord shall cooperate with Tenant's efforts to arrange all such services. If Landlord assumes Tenant's maintenance obligations with respect to the Building Systems pursuant to Paragraphs 8(b) or 8(e), Lessor will provide janitorial service Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the Premises proper functioning and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system protection of the Building on behalf Systems.
(c) Tenant will not without the written consent of Lessee. Lessor Landlord, which consent shall not be liable for temporary failure of servicesunreasonably withheld or delayed, and same shall not be deemed to constitute use any apparatus or device in the Premises which, when used, puts an actual excessive load on the Building or constructive eviction, nor entitle Lessee to any abatement its structure or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicessystems, including, without limitation, gaselectronic data processing machines, electricitypunch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, waternor be deemed to have evicted Tenant, cable televisionnor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the second to last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services (except in the case of Landlord's gross negligence or willful misconduct); (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other utilities applicable to accidents or other conditions beyond the Premises. In reasonable control of Landlord, or by the event that any utility making of repairs or improvements to the Premises or to the Building (except in the case of Landlord's gross negligence or willful misconduct); or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant's use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord's insurance, then Tenant's Monthly Base Rent and Additional Charges shall abat▇ ▇▇▇ing the period of time in which Tenant cannot be separately meteredoccupy the Premises for the Permitted Uses, Lessor shall apportion but only to the cost extent of rental abatement insurance proceeds received by Landlord (or, if Landlord fails to carry such insurance for the period required by Paragraph 12(f), or fails to pay premiums for such insurance and such failure does not result from Tenant's failure to perform Tenant's obligations hereunder, proceeds that would have been payable to Landlord in the absence of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor thereforfailure). In no event shall Lessor any mortgagee or beneficiary under any mortgage or deed of trust on all or any portion of the Project, the Building, or the land on which all or any portion of the Project is located (any such mortgagee or beneficiary, a "Mortgagee") be or become liable for an interruption or failure in the supply, quality or quantity any default of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent Landlord under this LeaseParagraph 13.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it willLandlord shall provide the following listed services and utilities, namely:
(a) heating, ventilation, and air conditioning (“HVAC”) for the Premises, in season, during “Normal Business Hours” (as defined below) to maintain reasonable temperatures for comfortable use and occupancy;
(b) electric energy in accordance with Section 24 following;
(c) automatic passenger elevators providing adequate service leading to the normal business hours for floor on which the Building Premises are located;
(8:00 A.M. to 6:00 P.M.d) evening, Mondays through Fridays, inclusive, holidays excepted) furnish unescorted janitorial services to the Premises elevator serviceincluding removal of trash;
(e) hot and cold water sufficient for drinking, electricity, seasonal air conditioning lavatory toilet and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for ordinary cleaning purposes from fixtures either within the Premises (if provided pursuant to this Lease) or on the floor on which the Premises are located;
(f) replacement of lighting tubes, lamp ballasts and Building bulbs;
(g) extermination and pest control when and if necessary; and
(h) maintenance of Common Areas and will cause in a manner comparable to other first class suburban office buildings in the Building Common Areas Colorado Springs Powers/Interstate 25 Corridor area. Landlord warrants to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, Tenant that electricity, water, cable televisionsanitary and drainage sewers, telephone and any other utilities applicable to the Premises. In the event that any utility natural gas will be available to the Premises throughout the term of this Lease. Notwithstanding anything in this Lease to the contrary, if any such utility service becomes unavailable or interrupted for more than ten (10) consecutive business days after notice thereof to Landlord and such unavailability or interruption is not the result of any reason listed in Section 27 herein or the fault of Tenant or its agents, servants, employees or invitees or (b), and as a result thereof, Tenant shall be not able to use all or such portion of the Premises and does not in fact use all or such portion of the Premises for such 10-business day period, then Tenant shall be entitled to an abatement of rent commencing with the eleventh (11th) business day that the same are unavailable; provided, however, that Tenant shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee entitled to any abatement of rent under the foregoing due to unavailability (i) caused directly or indirectly by any Rent act or omission of Tenant or any of Tenant’s servants, employees, agents, contractors, visitors or licensees, (ii) where Tenant makes a decoration, alteration, improvement or addition which requires interruption of services, or (iii) where the service in question is one which Tenant is obligated to furnish or pay for under the provisions of this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease Agreement (Spectranetics Corp)
Services and Utilities. A. Lessor covenants that it willLandlord shall provide roving attendant service for the entire business park of which the Building is a part, such attendant shall be on duty generally during the normal business hours evening and early morning hours. Landlord shall provide a controlled access system for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish which enables 24X7X365 access to the Premises elevator serviceby Tenant, subject to reasonable rules and regulations for after hours entry. Tenant shall obtain and pay for all water, gas, electricity, seasonal air conditioning heat, telephone, sewer, sprinkler charges and heatingother utilities and services used at the Premises, together with any taxes, penalties, surcharges, maintenance charges, and water for lavatory purposessimilar charges pertaining to Tenant’s use of the Premises. Additionally, Lessor will provide janitorial service for Tenant shall heat the Premises and Building Common Areas and will cause as necessary to prevent any freeze damage to the Premises or any portion. Tenant's use of electric current shall at no time exceed the capacity of the feeders or lines to the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than or the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility risers or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system wiring installation of the Building on behalf or the Premises. Landlord may, at Tenant’s expense, separately meter and b▇▇▇ Tenant directly for its use of Lesseeany such utility service, in which case the amount separately billed to Tenant for Building standard utility service shall not be duplicated in Tenant’s obligation to pay Additional Rent under Section 2.3. Lessor Landlord shall not be liable for temporary any interruption or failure of servicesutility service to the Premises, and same Tenant shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee entitled to any abatement or diminution reduction of Rent by reason of any interruption or failure of utilities or other services to the Premises except as set forth below. Any interruption or failure in rent payable any utility or service shall not be construed as an eviction, constructive or actual of Tenant or as a breach of the implied warranty of suitability, and shall not relieve Tenant from the obligation to perform any covenant or agreement under this Lease. Lessor In no event shall not Landlord be required liable for damage to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, persons or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesproperty, including, without limitation, gasbusiness interruption, electricitydamages, wateror shall Landlord be in default under this Lease, cable televisionas a result of any such interruption or failure. All amounts due from Tenant under this Section 8 shall be payable within ten (10) days after Landlord’s request for payment. Notwithstanding the foregoing, in the event such interruption of services described in this Section 8 (and results from causes within Landlord’s reasonable control, and any other utilities applicable is not due to Tenant’s negligence, the Premises. In act of a third party not acting on behalf of Landlord, or force majuere) and continues for more than five (5) consecutive days following written notice to Landlord, and results in the event that any utility to denial or otherwise renders impractical the Premises shall not be separately metered, Lessor shall apportion the cost intended use of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet substantially all of the Premises (such as loss of electricity or high speed data access) then Tenant shall receive a Base Rent abatement for each day thereafter until the service is restored, unless and to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, extent Tenant is able to collect insurance proceeds for such basis to be determined by Lessor in its sole discretioninterruption. In the event of such apportionmentdamage from casualty, Lessee Section 11 below shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Leaseapply.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Commercial Lease Agreement (Crossroads Systems Inc)
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), during except for damage occasioned by the normal business hours act or omission of Tenant or for which Tenant is responsible pursuant to Paragraph 7(c), which damage shall be repaired by Landlord at Tenant's expense. Landlord shall cause the Excluded Space to be provided with necessary utilities and services independently of the Premises and the Building Systems servicing the Premises.
(8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays exceptedb) furnish Subject to the Premises elevator serviceprovisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all cost of, garbage pickup, recycling, janitorial, security, transportation management and mitigation programs, water, electricity, seasonal air conditioning gas, telephone, cable and heatingdigital services, and water for lavatory purposesTenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Section 7(b). AdditionallyLandlord shall cooperate with Tenant's efforts to arrange all such services. If Landlord assumes Tenant's maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Lessor will provide janitorial service Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the Premises proper functioning and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system protection of the Building on behalf Systems.
(c) Unless such apparatus or device in included in Tenant's space plans approved by Landlord, Tenant will not without the written consent of Lessee. Lessor Landlord, which consent shall not be liable for temporary failure of servicesunreasonably withheld or delayed, and same shall not be deemed to constitute use any apparatus or device in the Premises which, when used, puts an actual excessive load on the Building or constructive eviction, nor entitle Lessee to any abatement its structure or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicessystems, including, without limitation, gaselectronic data processing machines, electricitypunch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is designed without providing the necessary (in Landlord's reasonable discretion) alteration necessary for the safe and adequate operation of said apparatus or device.
(d) Landlord shall not be in default hereunder, waternor be deemed to have evicted Tenant, cable televisionnor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other utilities applicable to accidents or other conditions beyond the Premises. In reasonable control of Landlord (any of the event that any utility foregoing, "Force Majeure"), or by the making of repairs or improvements to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as or to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure except in the supplycase of Landlord's gross negligence or willful misconduct); or (iii) the limitation, quality curtailment, rationing or quantity restriction on use of water or electricity, gas or any utilities within other form of energy or any other service or utility whatsoever serving the Premises or Buildingthe Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant's use as a consequence of cessation of gas and same shall in no manner constitute an actual electric utilities or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders other services provided to the Building or Premises resulting from a casualty covered by Landlord's insurance, then Tenant's Monthly Base Rent and Additional Charges shall abate during the Building risers or wiring installation. Lessee agrees period of time in which Tenant cannot to connect any additional electrical equipment occupy the Pr▇▇▇▇▇s for the Permitted Uses, but only to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts extent of electricity, without Lessor’s prior written consentrental abatement insurance proceeds received by Landlord.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease Agreement (Broadcom Corp)
Services and Utilities. A. Lessor covenants that it willTenant shall be responsible for procuring all services and Utilities necessary for the Permitted Use in the Premises, and shall promptly pay, as the same become due, all charges for all Utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesTerm, including, without limitation, gas(i) meter, electricityuse and/or connection fees, waterhook-up fees, cable televisionor standby fees, and (ii) penalties for discontinued interrupted service. If any other utilities applicable utility service is not separately metered to the Premises. In the event that any utility to the Premises , then Tenant shall not be separately metered, Lessor shall apportion pay its pro rata share of the cost of such utility among service with all others served by the various lessees served thereby on service not separately metered. Any interruption or cessation of Utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant’s business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, that if (i) an interruption of the Project services prevents Tenant from occupying all or a square footage basis (based upon the proportion of Rentable Square Feet material portion of the Premises as to for the Rentable Square Feet Permitted Use for a period of the areas of the Building served at least seven (7) consecutive days and (ii) such interruption was caused by the utility) gross negligence or based upon willful misconduct of Landlord, its agents or employees, then monthly Rent shall thereafter be proportionately abated during the intensity period of use by Lesseesuch interruption. Nothing in this Section 4 shall limit the parties’ rights and obligations under Section 9 hereof, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to casualty affecting the Building or the Building risers or wiring installationPremises. Lessee agrees not Landlord shall make commercially reasonable efforts to connect give Tenant at least forty-eight (48) hours prior written notice of any additional electrical equipment scheduled interruption in Project services to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consentPremises.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease (Pericom Semiconductor Corp)
Services and Utilities. A. Lessor covenants that it willTenant shall pay for all water, during gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the normal business hours 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 Building (8:00 A.M. written consent of Landlord, contract with a utility provider to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to service the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing with any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesutility, including, without limitationbut not limited to, gastelecommunications, electricity, water, cable televisionsewer or gas, and which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any other utilities applicable interruption or failure of utility services on or to the Premises. In However, notwithstanding the event that any utility to foregoing, if the Premises shall not be separately meteredPremises, Lessor shall apportion the cost of such utility among the various lessees served thereby on either or a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s material portion of the cost Premises, are made untenantable for a period in excess of five (5) consecutive business days solely as a result of an interruption, diminishment or termination of services due to Landlord’s gross negligence or willful misconduct and such utilityinterruption, within three (3) days diminishment or termination of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities services is otherwise reasonably within the Premises or Buildingcontrol of Landlord to correct (a “Service Failure”), and same then Tenant, as its sole remedy, shall in no manner constitute be entitled to receive an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any the Monthly Installment of Rent under this Lease.
C. Lessee covenants and agrees that at all times its use Tenant’s Proportionate Share of electric current shall not exceed Expenses and Taxes payable hereunder during the capacity of existing feeders to period beginning on the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling sixth (6th) consecutive business day of the premises Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not utilized been rendered untenantable by any other occupant the Service Failure, the amount of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and abatement shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsequitably prorated.
Appears in 1 contract
Sources: Commencement Date Memorandum (TVAX Biomedical, Inc.)
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), during except for damage occasioned by the normal business hours negligent or intentional acts or omissions of Tenant or for the Building which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant’s expense.
(8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays exceptedb) furnish Subject to the Premises elevator serviceprovisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, seasonal air conditioning gas, telephone, cable and heatingdigital services, and water for lavatory purposesTenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). AdditionallyLandlord shall cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Lessor will provide janitorial service Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the Premises proper functioning and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system protection of the Building on behalf Systems.
(c) Tenant will not without the written consent of Lessee. Lessor Landlord, which consent shall not be liable for temporary failure of servicesunreasonably withheld or delayed, and same shall not be deemed to constitute use any apparatus or device in the Premises which, when used, puts an actual excessive load on the Building or constructive eviction, nor entitle Lessee to any abatement its structure or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicessystems, including, without limitation, gaselectronic data processing machines, electricitypunch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, waternor be deemed to have evicted Tenant, cable televisionnor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other utilities applicable to accidents or other conditions beyond the Premises. In reasonable control of Landlord, or by the event that any utility making of repairs or improvements to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as or to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure except in the supplycase of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, quality curtailment, rationing or quantity restriction on use of water or electricity, gas or any utilities within other form of energy or any other service or utility whatsoever serving the Premises or Buildingthe Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and same shall in no manner constitute an actual electric utilities or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders other services provided to the Building or Premises resulting from a casualty covered by Landlord’s insurance, then Tenant’s Monthly Base Rent and Additional Charges shall ▇▇▇▇▇ during the Building risers or wiring installation. Lessee agrees period of time in which Tenant cannot to connect any additional electrical equipment occupy the Premises for the Permitted Uses, but only to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts extent of electricity, without Lessor’s prior written consentrental abatement insurance proceeds received by Landlord.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will(a) Tenant agrees to pay, during the normal business hours before delinquency, all fees and charges for the Building (8:00 A.M. to 6:00 P.M.water, Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicegas, electricity, seasonal air conditioning sewers, heat, power, rubbish and heatinggarbage collection, and water for lavatory purposes. Additionally, Lessor will provide janitorial service and any and all other similar charges incurred by Tenant with respect to and during its occupancy of the Premises, including but not limited to use, connection, hook-up and standby fees and penalties for discontinued or interrupted service. Said charges shall be paid directly to the utility or service provider unless Landlord shall, at its option, supply or provide any such utility or service. Tenant may, at its expense, arrange for the installation and operation of T-I lines for use in connection with the operation of Tenant's business. Tenant may, at its expense, install and operate a ventilating and air-conditioning system for the Premises in accordance with code requirements and Building Common Areas all of the terms and will cause conditions of this Lease (including but not limited to Paragraph 6(d) above), subject to Landlord's advance written approval of the Building Common Areas to be cleaned location of system components and generally maintainedof plans specifically showing structural alterations or additions required by such system (or showing that none are needed). Lessee For any and each utility or service supplied or provided by Landlord, Tenant shall pay unto Lessorto Landlord, as additional rent, all costs incurred the charge established by Lessor in providing any building Landlord for utilities furnished or services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable provided to the Premises. In the event that case of any utility service provided by Landlord that could be provided directly to Tenant by a local utility company, Landlord warrants that its charge to Tenant for such utility will not exceed the Premises charge that Tenant would pay if such company furnished service directly to Tenant.
(b) Landlord shall not be separately meteredliable for damages, Lessor consequential or otherwise, nor shall apportion there be any rent abatement, arising out of any curtailment or interruption whatsoever in utility services; provided, however, that if utilities provided by Landlord are interrupted for a period of more than 48 hours and such interruption is due to Landlord's fault or the cost failure of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of equipment under Landlord's control, and if the Premises as to are hereby rendered untenantable for the Rentable Square Feet of use intended, then the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, rents and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent charges due under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and Lease shall be responsible for all maintenance and repair abated during the period of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsutility interruption.
Appears in 1 contract
Sources: Office Lease (Smartage Corp)
Services and Utilities. A. Lessor covenants that it willTenant shall be responsible for contracting directly with any applicable public utility company or third party provider for, during and shall promptly pay, as the normal business hours for the Building (8:00 A.M. to 6:00 P.M.same become due, Mondays through Fridaysall charges for, inclusivewater, holidays excepted) furnish to the Premises elevator servicegas, electricity, seasonal air conditioning telephone, sewer service, waste pick-up and heatingany other utilities, materials and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or furnished directly to or used by Tenant at the utility provider if requested by Lessor, all costs of providing any utility servicesProject during the Lease Term, including, without limitation, gas(i) meter, electricityuse and/or connection fees, waterhook-up fees, cable televisionor standby fees, and any other utilities applicable to the Premises(ii) penalties for discontinued or interrupted service. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its Tenant's use of electric current electricity shall not never exceed the capacity of existing the feeders to the Building Project or the Building risers or wiring installationinstallations. Lessee agrees not Notwithstanding the foregoing, Tenant shall have the right to connect upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any additional electrical equipment time during the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and conditions of Article 8 of this Lease. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building electric distribution system("Tenant Energy Use Disclosure"). Tenant shall cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) business days following receipt of written request from Landlord, disclose to Landlord all information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other than lampsutilities consumed within the Premises for which the meters for such utilities are in Tenant's name, typewriters the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other small office machines which consume comparable amounts governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of electricityany Tenant Energy Use Disclosure. Tenant agrees that none of the "Landlord Parties," as that term is defined in Section 10.1, without Lessor’s prior written consent.
D. Lessee below, shall reimburse to Lessor all costs of service contracts for maintaining be liable for, and Tenant hereby releases the roof top cooling towerLandlord Parties from, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling loss, cost, damage, expense and liability relating to, arising out of the premises not utilized by and/or resulting from any other occupant of the BuildingTenant Energy Use Disclosure. Which costs are estimated In addition, Tenant represents to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for Landlord that any and all costs for such repairs and maintenance of the roof top cooling towerinformation provided by Tenant to Landlord pursuant to this paragraph shall be, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located best of Tenant's actual knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord shall rely on such information. The terms of this paragraph shall survive the lab area. Lessee shall also have the electrical meter account supplying electric to expiration or earlier termination of this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsLease.
Appears in 1 contract
Sources: Lease (Bloom Energy Corp)
Services and Utilities. A. Lessor covenants Provided that it willTenant is not in default hereunder, Landlord agrees to furnish to the Premises, during the normal business hours of generally recognized business days, the utilities and services described herein, including water, electricity for operating common areas during hours determined by Landlord in its sole discretion and subject to the Rules and Regulations of the Building or Project. If Tenant desires any of these services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord's charges therefore on demand. Landlord shall also keep lighted the common stairs, common entries and restroom(s) in the Project. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (8:00 A.M. i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to 6:00 P.M.furnish or delay in furnishing any such services where such failure or delay is caused by accident or by any condition or event beyond the reasonable control of Landlord, Mondays through Fridays, inclusive, holidays excepted) furnish or by the making of necessary repairs or improvements to the Premises elevator servicePremises, the Building or the Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, seasonal air conditioning and heatinggas or any other form of energy serving the Premises, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and or the costs of any modification to any building utility or service system necessary to accommodate the LesseeProject. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable under any circumstances for temporary a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of servicesinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall not consume water in excess of that usually furnished or supplied for the use of premises as general office space (as determined by the Landlord) without first procuring the written consent of Landlord, which Landlord may refuse, and, in the event of consent, Landlord may have installed a water meter in the Premises to measure the amount of water consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant, and same shall not be deemed Tenant agrees to constitute an actual or constructive evictionpay promptly as and when bills are rendered for all such water consumed as shown by said meters, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish at the rates charged for such services to Lessee by the local public utility plus any additional expense incurred by Landlord in keeping account of the water so long as Lessee consumed. If a separate meter is in default not installed, the excess cost for such water shall. be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. If Landlord has installed separate metering of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable electricity furnished to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event maintenance and repair of such apportionment, Lessee metering shall pay be paid by Tenant. Tenant agrees to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable cause all bills for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders electricity to the Building or the Building risers or wiring installationbe sent and charged directly to Tenant and Tenant agrees to promptly pay such electrical bill ▇▇ and when rendered for all such electricity consumed as shown by said metering at utility rates charged by said public utility. Lessee Tenant agrees not to connect any additional apparatus with electric current except through existing electrical equipment outlets in the Premises. Landlord shall furnish heating, ventilation, and air conditioning ("HVAC"), elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in the manner that such services are customarily furnished to comparable office building in.the area. Tenant at his sole cost and expense shall provide for itself all other services including telephone services chargeable to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consentPremises not herein supplied by Landlord.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Office Building Lease (Viasat Inc)
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant shall not be in default under this Lease, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and Holidays), electricity, seasonal air conditioning the following services and heating, utilities subject to the rules and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause regulations of the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined prescribed from time to time by Lessortime, such services to be reasonably commensurate with industry standard for suburban commercial office buildings in the Reston, Virginia submarket, of a similar age, size and quality to the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system Building: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building on behalf Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; (e) snow removal and pest control; and, (f) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord shall include electricity costs in Expenses. In the absence of Lessee. Lessor Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required to furnish liable when such services to Lessee so long as Lessee failure is in default of its obligations under this Lease.
B. Lessee shall pay to Lessorcaused by accident, or directly to the utility provider if requested by Lessorbreakage, all costs of providing any utility servicesrepairs, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity labor disputes of any utilities within the Premises character, energy usage restrictions or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the Building. Which costs are estimated furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be $3,560.00 annuallyagreed, Lessor owns upon reasonable advance notice by Tenant, furnish such additional service and shall Tenant agrees to pay Landlord such charges as may be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for agreed upon, including any and all costs tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such repairs and maintenance additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsReference Pages.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it willTenant shall promptly pay, during as the normal business hours same become due, all charges for the Building (8:00 A.M. to 6:00 P.M.water, Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicegas, electricity, seasonal air conditioning telephone, sewer service, waste pick-up and heatingany other utilities, materials and water for lavatory purposes. Additionally, Lessor will provide janitorial service for services furnished directly to or used by Tenant on or about the Premises and Building Common Areas and will cause during the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesTerm, including, without limitation, gas(a) meter, electricityuse and/or connection fees, waterhook-up fees, cable televisionor standby fees, and any other utilities applicable to the Premises(b) penalties for discontinued or interrupted service. In the event that any utility to At no time shall use of electricity in the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any interruption or cessation of utilities (each, a “Service Interruption”) resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant’s business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Notwithstanding the foregoing, if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive business days after written notice from Tenant to Landlord as a result of a Service Interruption, then to the Building extent that Service Interruption is caused by the negligence or willful misconduct of Landlord or any Landlord Parties, Tenant, as its sole remedy, shall be entitled to receive an abatement of Monthly Rent (defined below) payable hereunder during the Building risers period beginning on the fourth (4th) consecutive business day of such Service Interruption and ending on the day the service is restored. If a Service Interruption renders less than the entire Premises untenantable or wiring installation. Lessee agrees not to connect any additional electrical equipment inaccessible, the amount of Monthly Rent abated shall be prorated in proportion to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling percentage of the premises not utilized by any other occupant rentable square footage of the BuildingPremises that is rendered untenantable or inaccessible. Which costs are estimated to be $3,560.00 annuallyAs used herein, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.“
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), during except for damage occasioned by the normal business hours act or omission of Tenant or for the Building which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant’s expense.
(8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays exceptedb) furnish Subject to the Premises elevator serviceprovisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, seasonal air conditioning gas, telephone, cable and heatingdigital services, and water for lavatory purposesTenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). AdditionallyLandlord shall cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Lessor will provide janitorial service Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the Premises proper functioning and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system protection of the Building on behalf Systems.
(c) Tenant will not without the written consent of Lessee. Lessor Landlord, which consent shall not be liable for temporary failure of servicesunreasonably withheld or delayed, and same shall not be deemed to constitute use any apparatus or device in the Premises which, when used, puts an actual excessive load on the Building or constructive eviction, nor entitle Lessee to any abatement its structure or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicessystems, including, without limitation, gaselectronic data processing machines, electricitypunch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, waternor be deemed to have evicted Tenant, cable televisionnor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other utilities applicable to accidents or other conditions beyond the Premises. In reasonable control of Landlord, or by the event that any utility making of repairs or improvements to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as or to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure except in the supplycase of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, quality curtailment, rationing or quantity restriction on use of water or electricity, gas or any utilities within other form of energy or any other service or utility whatsoever serving the Premises or Buildingthe Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and same shall in no manner constitute an actual electric utilities or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders other services provided to the Building or Premises resulting from a casualty covered by Landlord’s insurance, then Tenant’s Monthly Base Rent and Additional Charges shall a▇▇▇▇ during the Building risers or wiring installation. Lessee agrees period of time in which Tenant cannot to connect any additional electrical equipment occupy the Premises for the Permitted Uses, but only to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts extent of electricity, without Lessor’s prior written consentrental abatement insurance proceeds received by Landlord.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Sublease (Aruba Networks, Inc.)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours (a) Landlord agrees to provide janitorial services for the Building (8:00 A.M. Premises in accordance with specifications and hours to 6:00 P.M.be agreed upon between Landlord and Tenant. Landlord shall cause electric current, Mondays through Fridays, inclusive, holidays excepted) furnish water and sewer and natural gas to be supplied to the Premises elevator serviceand measured by separate meters, electricity, seasonal air conditioning and heating, and water with one meter for lavatory purposeseach utility. Additionally, Lessor will provide janitorial service for Landlord shall furnish such snow removal services to the Premises as may, be reasonably required by Tenant.
(b) Tenant hereby agrees to pay all charges with respect to electrical service furnished to or used within the Premises as and Building Common Areas and will cause the Building Common Areas when due to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor such electrical provider.
(c) Tenant agrees that Landlord shall not be liable for temporary failure of to supply any heating, air conditioning, electrical, janitorial, lighting or other services during any period when Landlord uses reasonable diligence to supply such services, and same shall not be deemed or during any period Landlord is required to constitute an actual reduce or constructive eviction, nor entitle Lessee curtail such services pursuant to any abatement applicable laws, rules or diminution regulations, now or hereafter in rent payable under this Lease. Lessor shall not be required to furnish force or effect, it being understood that Landlord may discontinue, reduce or curtail such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessorservices, or directly any of them (either temporarily or permanently), at such times as it may be necessary by reason of accident, unavailability of employees, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and regulations, or due to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to happening beyond the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost control of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretionLandlord. In the event of any such apportionmentinterruption, Lessee reduction or discontinuance of Landlord’s services (either temporary or permanent), except for the abatement described below, Landlord shall pay not be liable for damages to Lessor monthlypersons or property as a result thereof, nor shall the occurrence of any such event in any way be construed as additional an eviction of Tenant or cause or permit an abatement, reduction or setoff of rent, Lesseeor operate to release Tenant from any of Tenant’s portion obligations hereunder. Notwithstanding the foregoing, if any utilities are interrupted or discontinued due solely to the negligence of Landlord for a period of ten (10) days after Tenant has notified Landlord of such interruption, or such additional time as may be required due to acts of Tenant’s Parties or acts of god, force majeure, casualty damage, strikes, shortages of labor or materials, or other causes beyond Landlord’s reasonable control, and Tenant is unable to and does not use, the Premises in its entirety as a result of such interruption or discontinuance, Base Rent hereunder shall thereafter be abated until such time as such utilities are restored or Tenant begins using the Premises again, whichever shall first occur.
(d) Whenever heat generating machines or equipment or excessive lighting (i.e., that which exceeds the typical lighting level used by office tenants in the area in which the Building is located) are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises in the event Landlord’s independent consulting engineer determines same are reasonably necessary as a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and the cost therefor, including the cost of such utilityinstallation, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supplyoperation and maintenance thereof, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed prepaid by Tenant to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsLandlord upon demand by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Somanetics Corp)
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), during except for damage occasioned by the normal business hours act or omission of Tenant or for the Building which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant’s expense.
(8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays exceptedb) furnish Subject to the Premises elevator serviceprovisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, seasonal air conditioning gas, telephone, cable and heatingdigital services, and water for lavatory purposesTenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). AdditionallyLandlord shall cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Lessor will provide janitorial service Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the Premises proper functioning and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system protection of the Building on behalf Systems.
(c) Tenant will not without the written consent of Lessee. Lessor Landlord, which consent shall not be liable for temporary failure of servicesunreasonably withheld or delayed, and same shall not be deemed to constitute use any apparatus or device in the Premises which, when used, puts an actual excessive load on the Building or constructive eviction, nor entitle Lessee to any abatement its structure or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicessystems, including, without limitation, gaselectronic data processing machines, electricitypunch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, waternor be deemed to have evicted Tenant, cable televisionnor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other utilities applicable to accidents or other conditions beyond the Premises. In reasonable control of Landlord, or by the event that any utility making of repairs or improvements to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as or to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure except in the supplycase of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, quality curtailment, rationing or quantity restriction on use of water or electricity, gas or any utilities within other form of energy or any other service or utility whatsoever serving the Premises or Buildingthe Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and same shall in no manner constitute an actual electric utilities or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders other services provided to the Building or Premises resulting from a casualty covered by Landlord’s insurance, then Tenant’s Monthly Base Rent and Additional Charges shall ▇▇▇▇▇ during the Building risers or wiring installation. Lessee agrees period of time in which Tenant cannot to connect any additional electrical equipment occupy the Premises for the Permitted Uses, but only to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts extent of electricity, without Lessor’s prior written consentrental abatement insurance proceeds received by Landlord.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will, during the normal business hours Tenant shall make all arrangements for the Building (8:00 A.M. and pay for all utilities and services furnished to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred or used by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesit, including, without limitation, gas, electricity, heating, air conditioning and other ventilation, janitorial, water, cable televisionsewage, telephone service, trash collection, including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utilities applicable utility) to the Common Areas of the Building and Project], and, in such event, Tenant shall pay for electric current (or such other utility) supplied to, or used, in the Premises at the rate prevailing for Tenant’s class of use as established by such company or companies. Electric current (or such other utility) shall be measured in the manner set forth above and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, at any time and from time to time during the Term, to switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. In the event that any utility Notwithstanding anything herein to the contrary, the Premises / Building shall not be separately metered, Lessor and Tenant shall apportion contract for, and pay directly for, such utilities. Notwithstanding anything contained herein to the cost contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of such utility among Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the various lessees served thereby event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) Tenant or based upon the intensity of use by Lessee, such basis to Tenant’s electricity provider. Landlord shall not be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor default hereunder or be liable for an any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of, (a) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, (c) any change, failure, interruption, disruption or defect in the supply, quality quantity or quantity character of any utilities within the electricity (or other utility) supplied to the Premises or BuildingProject, and same shall in no manner constitute an actual or constructive eviction of Lessee(d) the limitation, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its curtailment or rationing of, or restrictions on, use of electric current water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not exceed the capacity be liable under any circumstances for a loss of existing feeders or injury to property or business, however occurring, through, in connection with or incidental to the Building or the Building risers or wiring installation. Lessee agrees not failure to connect furnish any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consentsuch services.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Services and Utilities. A. Lessor covenants Provided that it will, during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish Tenant is not in default hereunder and subject to the Premises elevator service, electricity, seasonal air conditioning rules and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours regulations of the Building, as determined from time Landlord shall furnish to time by Lessorthe premises electricity for normal lighting and fractional horsepower office machines, heating and air conditioning required in Landlord's judgment for the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system comfortable use and occupation of the premises and janitorial services, five days per week, Monday through Friday (except for holidays). Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building on behalf of Lesseewhich the premises are a part except for damage occasioned by the act of Tenant, which damage shall be repaired by Landlord at Tenant's expense. Lessor Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed entitled to, any reduction of rental by reason of Landlord's failure to constitute an actual furnish any of the foregoing when such failure is caused by accident breakage, repairs, strikes, lockouts or constructive evictionother labor disturbances or labor disputes of any character or by any other cause, nor entitle Lessee to any abatement similar or diminution in rent payable under this Leasedissimilar, beyond the reasonable control of Landlord. Lessor Landlord shall not be required liable under any circumstances for a loss of or injury to property, however, occurring, through or in connection with or incidental to failure to furnish such services to Lessee so long as Lessee is any of the foregoing. Wherever machines or Illegible ---------- Initials equipment are used in default of its obligations under this Lease.
B. Lessee shall pay to Lessorthe premises which generate heat or affect the temperature otherwise maintained by the air conditioning system, or directly are an abnormal burden upon such system, Landlord reserves the right, but shall have no obligation, to install supplementary air conditioning units in the utility provider if requested by Lessorpremises and the cost thereof, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion including the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lesseeinstallation, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of and the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, operation and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and maintenance thereof shall be responsible for all maintenance and repair of the cooling tower and chemicals needed paid by Tenant to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsLandlord upon demand by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Medicode Inc)
Services and Utilities. So long as Tenant is not in default under this Lease, Landlord shall provide the following facilities and services to Tenant the costs of which shall be included as Operating Expenses:
A. Lessor covenants that it will, Central heating and air conditioning during the normal business hours for seasons of the Building year when these services are normally and usually furnished, and within the temperature ranges and in such amounts normally or usually furnished in comparable office buildings in North Sioux City, South Dakota with Tenant to pay its proportionate share of the cost of utilities incurred to provide such heating and air conditioning within thirty (8:00 A.M. 30) days of Landlord’s invoice therefor.
B. Cleaning of the lobby in Landlord’s standard manner and provision of water services to 6:00 P.M.lavatories as normally or usually furnished in comparable office buildings in North Sioux City, Mondays through FridaysSouth Dakota.
C. Electrical facilities to furnish sufficient electrical power to Tenant’s equipment installed in accordance with Section 13 hereof; provided, inclusivehowever, holidays excepted) furnish Tenant shall be responsible to pay any and all costs associated with the use and consumption of any such electrical utility services as Operating Expenses.
D. Access to the Premises elevator serviceon a full-time twenty-four (24) hour basis, electricitysubject to such regulations as Landlord may impose for security reasons. Landlord shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Premises or the Project. Tenant assumes all responsibility for the protection of Tenant, seasonal air conditioning its employees, agents, invitees and heatingproperty from acts of third parties. Nothing herein contained shall prevent Landlord, at its sole option, from providing security protection for the Project or any part thereof, in which event the non-capital cost thereof shall be included within the definition of Operating Expenses. Tenant hereby acknowledges that existing security improvements are satisfactory. Any failure by Landlord to furnish the foregoing service resulting from Unavoidable Delays, as hereinafter defined, or from temporary interruption of the foregoing services due to repairs or maintenance, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from Tenant’s obligations under this Lease; provided Landlord uses commercially reasonable efforts to restore such services. For purposes of this Section 16 and water for lavatory purposesof Section 32, the term “Unavoidable Delays” shall mean any delays due to strikes; labor disputes; shortages of material, labor or energy; acts of God; governmental restrictions; enemy action; civil commotion; fire; unavoidable casualty or other causes beyond the control of Landlord and which do not arise from the gross negligence or willful misconduct of Landlord, its officers, agents, employees and licensees. Additionally, Lessor will provide janitorial If any public utility or governmental body shall require Landlord or Tenant to restrict the consumption of any utility or reduce any service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of or the Building, as determined from time Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to time by Lessorin this Section are thereby reduced or otherwise affected, without reduction or adjustment of Rent hereunder. Landlord and its agents shall be permitted reasonable access to the Premises, and the costs of any modification right to any building utility install facilities within or through the Premises, in order to install and service system the systems deemed necessary by the Landlord to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required provide to make any alteration to any service or utility system other tenants of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, the services and same shall not be deemed utilities referred to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this LeaseSection.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease (MPC Corp)
Services and Utilities. A. Lessor covenants that it will(a) Subject to all the terms and provisions of this Agreement, during the Port Authority will furnish without additional charge to the Lessee the following:
(1) During normal business hours hours, heat, ventilation and air cooling subject to the provisions of paragraph (b) of the Section of this Agreement entitled "Construction by the Lessee";
(2) Cleaning services in the premises as described in Schedule B attached hereto and hereby made a part hereof.
(b) Unless the premises contain toilet and washroom facilities, the Port Authority shall, without additional charge, furnish non-exclusive toilet and washroom facilities for the Building employees of the Lessee.
(8:00 A.M. i) Subject to 6:00 P.M.all the terms and provisions of this Agreement, Mondays through Fridaysand to the extent that the Lessee's electricity consumption does not exceed the capacities of feeders, inclusiverisers or wiring in the premises or the World Trade Center, holidays excepted) the Port Authority shall furnish to the Premises elevator serviceLessee electricity in reasonable quantities solely for illumination, electricityby which is meant the energizing of fluorescent or incandescent bulbs (to be supplied, seasonal air conditioning paid for and heating, installed by the Lessee) and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises operation of such office machines and Building Common Areas equipment which may be required for the Lessee's ordinary use of the premises for the purposes herein specified and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessorfor the consumption WTC-SOL3195 and demand for electricity in the premises by or on behalf of the Lessee from and after the date of this Agreement. The consumption of and demand for electricity in the premises (being hereinafter referred to as "consumption and demand") shall, at the election of the Port Authority, be measured by (1) a survey of the premises which may be conducted periodically throughout the term of the letting at such times as additional rentthe Port Authority may elect, all costs incurred by Lessor the Port Authority's Engineering Department or by an independent utility consultant to be selected by the Port Authority for the purpose of establishing the Lessee's annual consumption and demand for electricity with such consumption and demand being based on the wattage of lamps and any other electrical machinery and equipment and the frequency and duration of the use thereof in providing the premises, or (2) measured by meter or meters furnished by the Port Authority for that purpose and installed on or off the premises, and in the event any building services meter fails to record such consumption and demand, the quantity of electricity so supplied during any period that a meter is out of service, will be considered to be the same as the quantity supplied during a like period, either immediately before or immediately after such interruption as selected by the Port Authority. The Lessee's annual consumption and demand as determined by survey shall be divided by the number of billing periods per year established by the public utility company supplying electricity in the vicinity of the premises so as to determine the consumption and demand per billing period. The Lessee's consumption and demand, whether measured by survey or meter, shall be paid for by the Lessee at times other than the normal operating hours greater of the Buildingfollowing rates: (1) the rates (including the fuel or other adjustment factor, if any,) which the Lessee under the service classification then applicable to the Lessee as determined from time to time by Lessor, and of the costs date of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner each billing period would be required to make any alteration pay for the same quantity of electricity to any service be used for the same purpose under the same conditions as if the Lessee had purchased such electricity directly from the public utility company supplying the same to commercial buildings in the vicinity; or utility system (2) the Port Authority's cost of obtaining and supplying the Building on behalf same quantity of Lesseeelectricity. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. The Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among consumption and demand for each such billing period to the various lessees served thereby Port Authority on either a square footage basis (based upon demand therefor and the proportion of Rentable Square Feet same shall be deemed additional rental collectible in the same manner and with like remedies as if it were part of the Premises as basic rental reserved hereunder. The Lessee acknowledges that its consumption and demand for electricity shall include the use of electricity by the Port Authority and its cleaning contractor for lighting and, for electrical equipment required to be used in connection with the Rentable Square Feet cleaning of the areas premises. The determination of consumption and demand by survey shall be effective until the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns next succeeding survey and shall be responsible for all maintenance binding and repair of the cooling tower and chemicals needed to maintain the system while conclusive on both the Lessee shall be responsible for any and the Port Authority as to all costs for such repairs and maintenance of the roof top cooling towermatters, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located frequency and duration of use of the lamps and other electrical machinery and equipment in the lab areapremises. The cost of each such survey shall be borne by the Port Authority, provided that if the Lessee makes any alterations or improvements to the premises in accordance with the provisions of the Section of this Agreement entitled "Construction by the Lessee" or otherwise which may result in greater consumption or demand, the Port Authority may direct a new survey to establish the consumption and demand for electricity in the premises and the cost thereof shall be borne by the Lessee. Any method of measurement used herein shall not preclude the Port Authority from switching from time to time on ten (10) days' prior notice to the use of any other method specified herein.
(ii) Notwithstanding that the Port Authority has agreed to supply electricity to the Lessee, the Port Authority shall be under no obligation to provide or continue such service if the Port Authority is prevented by law, agreement or otherwise from metering or measuring consumption and demand as hereinabove set forth or elects not to so meter or measure the same, and in any such event the Lessee shall also have make all arrangements and conversions necessary to obtain electricity directly from the electrical meter account supplying electric public utility. Also in such event the Lessee shall perform the construction necessary for conversion and if any lines or equipment of the Port Authority are with the consent of the Port Authority used therefor the Port Authority may make an appropriate charge therefor to the Lessee based on its costs and expenses for the said lines and equipment.
(d) If the Lessee, in accordance with the Section of this system Agreement entitled "Construction by the Lessee" or otherwise, erects any partitions or makes any improvements which stop, hinder, obstruct or interfere with the cooling of the air or the heating of the premises, or if the Lessee shall fail to close and other parts keep closed the window coverings when the sun is shining on the windows of the premises, then no such action by the Lessee shall impose any obligations on the Port Authority to install facilities, fixtures or equipment for air-cooling or for heating WTC-SOL3195 additional to those existing or presently contemplated or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall not in any such event be relieved of any of its obligations hereunder because a comfortable temperature is not maintained. No consent given by the Port Authority to the erection of partitions or the making of any improvements shall be or be deemed to be a representation that the work consented to will not stop, hinder, obstruct or interfere with either the cooling of the air or heating of the premises put or any portion thereof. It is hereby understood further that the installation by the Lessee of any equipment which itself requires air cooling or which requires additional quantities of air cooling at the portion of the premises where such equipment is installed or the concentration in any portion of the premises of such a number of people so as to require additional quantities of air cooling, shall not impose any obligation on the Port Authority to install facilities, fixtures and equipment for air cooling additional to those initially existing, or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall not in any such event be relieved of any of its obligations hereunder.
(e) The Lessee shall keep closed all entrance doors and all windows in the premises except that doors may be opened when required for ingress or egress. The Lessee shall not otherwise waste or dissipate the air cooling or heating services. Without otherwise affecting the Port Authority's rights or remedies in the event of any breach by the Lessee of its obligations under this Agreement, the Port Authority shall have the right to discontinue or reduce the said heating or air-cooling service during any period of such waste or dissipation and any failure of the Port Authority to supply any such service under such conditions shall not affect any of the Lessee’s name and shall be responsible 's obligations under this Agreement.
(f) If any federal, state, municipal or other governmental body, authority or agency or any public utility assesses, levies, imposes, makes or increases any charge, fee or rent on the Port Authority for any costs service, system or utility now or in the future supplied to or available to the premises or to any occupants or users thereof or to the structure or building of which the premises form a part (including but not limited to usage any sewer rent or charge for the use of sewer systems), the Lessee shall, at the option of the Port Authority exercised at any time and security depositsfrom time to time by notice to the Lessee, pay, in accordance with said notice, such charge, fee or rent or increase thereof (or the portion thereof allocated by the Port Authority to the premises or the Lessee's operations hereunder) either directly to the governmental body, authority or agency or to the public utility or directly to the Port Authority.
(g) The Port Authority shall have the right to discontinue temporarily the supply of any of the above services when necessary or desirable in the opinion of the Port Authority in order to make any repairs, alterations, changes or improvements in the premises or elsewhere in the World Trade Center including but not limited to all systems for the supply of services.
(h) No failure, delay, interruption or reduction in any service or services shall be or shall be construed to be an eviction of the Lessee, shall be grounds for any diminution or abatement of the rentals payable hereunder, or shall constitute grounds for any claim by the Lessee for damages, consequential or otherwise, unless due to the negligent acts of the Port Authority, its employees or agents.
(i) The Port Authority shall be under no obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, state or municipal law, rule, regulation, requirement, order or direction and if the Port Authority deems it in the public interest to comply therewith, even though such law, rule, regulation, requirement, order or direction may not be mandatory on the Port Authority as a public agency.
(j) The Port Authority shall have no obligations or responsibility with respect to the performance of any services or providing, supplying or furnishing to the Lessee of any utilities or services whatsoever except as expressly provided in this Section. WTC-SOL3195
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will13.1. Subject to the other provisions of this Lease, during the normal business hours for the Building (8:00 A.M. Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for the Permitted Uses; (b) heat and air conditioning required for the use and heatingoccupation of the Premises for the Permitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within ten (10) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights, plugs and supplemental HVAC. 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 base building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and water Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for lavatory purposesan unreasonable time after written notice of such failure is given to Landlord by ▇▇▇▇▇▇ and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. AdditionallyLandlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.1.1. Notwithstanding the foregoing to the contrary, Lessor will provide janitorial service if and to the extent that electricity for the Premises and Building Common Areas and will cause is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Building Common Areas Premises per annum, which is ▇▇▇▇▇▇▇▇’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined increased from time to time by Lessornotice from Landlord to Tenant based on historical usage and cost or to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with ▇▇▇▇▇▇’s payment of Monthly Installment of Rent hereunder.
13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ ▇▇▇▇▇▇▇▇. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash.
13.2. Should Tenant require HVAC service outside of Building Business Hours, Landlord shall, upon reasonable advance notice by ▇▇▇▇▇▇, furnish such additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord the After Hours HVAC Cost as may be agreed upon but in no event at a charge less than Landlord’s actual costs plus overhead for such additional service and ,where appropriate, a reasonable allowance for depreciation of any modification systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any building utility time, is specified on the Reference Pages.
13.3. Wherever heat generating machines or service equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system necessary or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the Lessee. Notwithstanding right to install supplementary heating and/or air conditioning units in or for the aforesaidbenefit of the Premises and the cost thereof, Lessor including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no manner be required event exceed thirty (30) days), then Landlord shall have the right to make proceed with the installation of such units as more particularly set forth hereinabove.
13.4. Tenant will not, without the written consent of Landlord, use any alteration to equipment or devices in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts in the aggregate, which will in any service way increase the amount of electricity or utility system water usually furnished or supplied for use of the Building on behalf Premises for the Permitted Uses, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of Lesseeusing electrical current or water. Lessor If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as part of Landlord’s Work in accordance with Exhibit B. In the event that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter to be liable installed so as to measure the amount of any excess water usage. The cost of any such water meter shall be paid for temporary failure by Tenant. ▇▇▇▇▇▇ agrees to pay to Landlord within thirty (30) days of servicesLandlord’s demand, the cost of all such excess water and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish electric current consumed (as shown by said meters) at the rates charged for such services to Lessee so long by the local public utility or agency, as Lessee is in default of its obligations under this Leasethe case may be, furnishing the same.
B. Lessee shall pay to Lessor13.5. Tenant will not, or directly to without the written consent of Landlord, contract with a utility provider if requested by Lessor, all costs of providing to service the Premises with any utility servicesutility, including, without limitationbut not limited to, gastelecommunications, electricity, water, cable televisionsewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and any other utilities applicable regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. In the event that any utility to the Premises Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor withheld in its Landlord’s sole and absolute discretion. In the event of such apportionment, Lessee Landlord shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In in no event shall Lessor be liable for an interruption or failure disruption in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized obtained by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric Tenant pursuant to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsparagraph.
Appears in 1 contract
Services and Utilities. A. Provided that Lessee is not in default hereunder, Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating during reasonable hours of the Buildinggenerally recognized business days, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole reasonable discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting, water, heat, air-conditioning and elevator service which are required in Lessor’s good faith judgment for the comfortable use and occupation of the Premises. In Heating and air conditioning service shall be provided to the event Premises, as an item of Building Service Expenses, during the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, excluding recognized Building holidays (collectively, “Building Hours”), and shall also be provided on weekends or other non-Building Hours upon reasonable prior notice from Lessee to Lessor, subject to Lessee’s payment for such non-Building Hours service at the then applicable Building rate for non-Building Hours service, as established from time to time by Lessor. Subject to the provisions of this Lease. Lessee shall be entitled to access the Premises on a seven (7) days per week, twenty-four (24) hours per day basis. During recognized business days for the Building, and subject to the reasonable rules and regulations of the Building and Project, Lessor shall furnish to the Premises and the Common Areas, janitorial service, window washing, fluorescent tube replacement and toilet supplies; provided, however, Lessor shall not be required to provide janitorial services for any portion of the Premises to the extent required as a result of the preparation or consumption of food or beverages (provided that nothing in this paragraph shall be construed as a consent by Lessor to the preparation or consumption of such apportionmentfood or beverages unless otherwise expressly provided elsewhere in this Lease). Lessor shall also maintain and keep lighted during such hours the common stairs, common entries and toilet rooms in the Building. Lessor shall not be liable for, and Lessee shall not be entitled to, any reduction of Rentals by reason of Lessor’s failure to furnish any of the foregoing when such failure is caused by casualty, Act of God, accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Lessor. Lessor shall not be liable under any circumstances for injury to or death of or loss or damage to persons or property or damage to Lessee’s business, however occurring, through or in connection with or incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system. Lessor reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Lessee to Lessor upon demand by Lessor as additional rent. Lessee will not, without the prior written consent of Lessor, use or permit the use of any apparatus or device in or upon the Premises (including, but without limitation thereto, machines using in excess of 120 volts), which will in any way increase the amount of gas, electricity or water usually furnished or supplied for the use of the Premises as general office space (which, as to electricity consumption, the parties hereby agree to mean not more than three (3) ▇▇▇▇▇ per square foot of usable area on a demand load basis): nor will Lessee connect or permit connection of any apparatus or device for the purpose of using gas, electric current or water with electric current, gas or water supply lines, except for electricity through existing electrical outlets in the Premises. If Lessee requires water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Lessee shall first procure the written consent of Lessor (which consent may be granted or withheld in Lessor’s sole and absolute discretion), to the use thereof and Lessor may cause a water or gas meter or electric current meter to be installed in the Premises so as to measure the amount of water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Lessee and Lessee agrees to pay to Lessor monthlyLessor, as additional rent, Lessee’s portion promptly upon demand therefor by Lessor for all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the cost of such utilitywater, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, gas and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall so consumed. If a separate meter is not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution systeminstalled, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs such excess cost for such repairs water, gas and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall electric current will be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the conclusively established by an estimate made by a utility company or electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsengineer selected by Lessor.
Appears in 1 contract
Sources: Net Office Lease (Vyyo Inc)
Services and Utilities. A. Lessor covenants It is agreed that it willLandlord shall furnish adequate air-conditioning during the seasons of the year when air-conditioning is required and adequate heat during the seasons of the year when heat is required. It is further agreed that Landlord shall provide reasonably adequate electricity, water, exterior window cleaning service and char and janitorial service. The char and janitorial service shall be provided Monday through Friday only (except legal holidays) in accordance with the prevailing standards for comparable office buildings in the Reston, Virginia area. Landlord shall provide elevator service by means of automatically operated elevators; provided, however, that Landlord shall have the right to remove elevators from service as the same shall be required for moving freight, or for servicing or maintaining the elevators and/or the Building. Landlord shall furnish all services and utilities required by this lease only during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of operation of the Building, as determined from time set forth in the rules and regulations attached hereto as Exhibit B (“Rules and Regulations”), unless otherwise specified herein. It is also agreed that if Tenant requires air-conditioning or heat beyond the normal hours of operation set forth herein and provided arrangements are made with Landlord’s agent, Landlord shall furnish such air-conditioning or heat and Tenant agrees to time by Lessor, pay for the same with the next monthly installment of rent in accordance with the then-current schedule of costs and the costs of any modification to any building utility or service system necessary to accommodate the Lesseeassessments therefor. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor It is understood and agreed that Landlord shall not be liable for temporary failure, delay or suspension in furnishing any of the utilities or services required to be provided by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God or from any other cause whatsoever. Any such failure of services, and same or inability to furnish the utilities or services required hereunder shall not be deemed to constitute considered an eviction, actual or constructive evictionconstructive, nor of Tenant from the Premises, and shall not entitle Lessee Tenant to terminate this Lease or to an abatement of any abatement or diminution in rent payable hereunder. Notwithstanding the foregoing, in the event that material services to be provided by Landlord under this Lease. Lessor shall not be required to furnish Lease such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable televisiongas, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately meteredsewer or HVAC, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lesseeare suspended for more than 48 consecutive hours, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, LesseeTenant’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and rent shall be responsible for all maintenance and repair of abated until such time as the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsservices are restored.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant shall not be in default under this Lease beyond any cure period, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicecommon areas of the Building during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), electricity, seasonal the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the common area; (b) heat and air conditioning required in Landlord’s judgment for the use and heating, occupation of the common areas of the Building; (c) cleaning and water for lavatory purposes. Additionally, Lessor will provide janitorial service for common areas; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and, (f) provisions to bring electricity to the floor of the Premises an amount equal to no less than 600 amps @ 480V and Building Common Areas and will cause 500kw emergency generator power on or before the Building Common Areas to be cleaned and generally maintainedCommencement Date. Lessee To the extent that Tenant is not billed directly by a public utility, Tenant shall pay unto Lessorpay, upon demand, as additional rent, for all costs incurred electricity used by Lessor Tenant in providing the Premises. The charge shall be at the pro rata rates charged for such services by the local public utility. Except in the event of Landlord’s negligence or intentional misconduct, or breach of this Lease by Landlord beyond any building services for Lessee at times other than the normal operating hours of the Buildingapplicable cure period, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for fifteen (15) days after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required to furnish liable when such services to Lessee so long as Lessee failure is in default caused by accident, breakage, repairs, labor disputes of its obligations under this Lease.
B. Lessee shall pay to Lessorany character, energy usage restrictions or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the Premisesfurnishing of services and utilities. In the event that any utility to the Premises Landlord shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor except in its sole discretion. In the event of such apportionmentan emergency or a force majeure event or as permitted in Section 17.1 below) exercise any right of Landlord to reduce, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion interrupt or cease service of the cost heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of such utilitythe Premises, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installationProperty, without advising Tenant at least seventy two (72) hours in advance of Landlord’s requirements so that Landlord and Tenant may arrange procedures for accomplishing Landlord’s goals and minimize the interruption to Tenant’s use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. Lessee agrees not to connect Landlord shall notify Tenant immediately upon Landlord’s knowledge of any interruption of the above services.
13.2 Should Tenant require any additional electrical work or service, as described above and in Paragraph 38, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge more or less than Landlord’s actual cost for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service.
13.3 Wherever heat-generating machines or equipment to are used by Tenant in the Building electric distribution Premises which affect the temperature otherwise maintained by the air conditioning system, other than lampsLandlord reserves the right to require Tenant to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, typewriters including the cost of installation and other small office machines which consume comparable amounts the cost of electricityoperations and maintenance, without Lessor’s prior written consentshall be paid by Tenant.
D. Lessee 13.4 If Tenant shall reimburse require water or electric current in excess of that required to Lessor all costs be furnished or supplied for use in the Premises as set forth in the Lease, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals such excess water and electric current. The cost of any such meters and any and all other equipment associated with the additional cooling installations or expense required or incurred as a result of the premises not utilized increased capacity shall be paid for by Tenant. Tenant agrees to pay as additional rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if there are no separate meters, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any other occupant additional out-of-pocket expense incurred in keeping account of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns water and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositscurrent so consumed.
Appears in 1 contract
Sources: Lease (Neutral Tandem Inc)
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall maintain the Common Areas, during including lobbies, stairs, elevators, corridors and rest rooms, the normal business hours windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition, except for damage occasioned by the Building act of Tenant, its agents, servants, employees or invitees, which damage shall be repaired by Landlord at Tenant's expense.
(8:00 A.M. b) Provided Tenant is not in default hereunder, and subject to 6:00 P.M.the provisions contained elsewhere herein and in the Rules and Regulations, Mondays through Fridays, inclusive, holidays excepted) Landlord agrees to furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive in any event of Sundays and legal holidays), heat and air conditioning required in Landlord's judgment for the comfortable use and occupancy of the Premises, in accordance with the specifications set forth on Exhibit "C" attached hereto and by this reference made a part hereof; janitorial services during the times and in the manner set forth in Landlord's Cleaning Specifications attached hereto as Exhibit "E," and elevator service. Except as provided in Paragraph 38 of this Lease, electricityLandlord shall be under no obligation to provide additional or after-hours heating or air conditioning, seasonal air conditioning and heatingbut if Landlord elects to provide such services at Tenant's request, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee Tenant shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building to Landlord a reasonable charge for such services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by LessorLandlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Whenever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units and metering devices for such units in the Premises, and the costs cost thereof, including the cost of any modification electricity and/or water therefor, shall be paid by Tenant to any building utility or service system necessary Landlord upon demand by Landlord. Landlord agrees to accommodate furnish to the LesseePremises electricity for general office purposes and water for lavatory and drinking purposes, subject to the provisions of subparagraph 5(c) below. Notwithstanding the aforesaidExcept as set forth in Paragraph 41 of this Lease, Lessor Landlord shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not event be liable for temporary any interruption or failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such utility services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall or for any result thereof.
(c) Tenant will not be separately metered, Lessor shall apportion without the cost prior written consent of such utility among Landlord use any apparatus or device in the various lessees served thereby on either a square footage basis (based upon Premises which will in any way increase the proportion amount of Rentable Square Feet electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electric current or water. If Tenant, in Landlord's judgment, shall require water or electric current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space (it being understood that such an excess may result from the number of fixtures, apparatus and devices in use, the nature of such fixtures, apparatus and devices, the hours of use, or any combination of such factors), Tenant shall first procure the prior written consent of Landlord, to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lesseethereof, such basis to be determined by Lessor which Landlord may refuse, in its sole discretion, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. In the event The cost of any such apportionmentmeters and installation, Lessee maintenance and repair thereof shall be paid for by Tenant, and Tenant agrees to pay to Lessor monthlyLandlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at the rates charged by the local public utility furnishing the same, plus any additional rent, Lessee’s portion expense incurred in keeping account of the cost of such utilitywater, within three (3) days of receipt of a statement from Lessor thereforelectric current or other resource so consumed. In no event Landlord shall Lessor not be in default hereunder or be liable for an any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated (except as set forth in Paragraph 41 of this Lease) by reason of: (i) the installation, use or interruption or failure in the supply, quality or quantity of use of any equipment in connection with the furnishing of any of the foregoing utilities within and services; (ii) failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Furthermore, Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or utilities suppliers in reducing consumption of energy, water or any other resources.
(d) Any sums payable under this Paragraph 5 shall be considered Additional Rent and may be added to any installment of Rent thereafter becoming due and shall accrue late charges as Rent as set forth in subparagraph 19(g) of this Lease, and Landlord shall have the same shall remedies for a default in no manner constitute an actual or constructive eviction payment of Lessee, nor entitle Lessee to any abatement such sums as for a default in the payment of any Rent under this LeaseRent.
C. Lessee covenants (e) Tenant shall not provide any janitorial services without Landlord's prior written consent and agrees that then only subject to supervision of Landlord and by a janitorial contractor or employees at all times its use of electric current shall not exceed the capacity of existing feeders satisfactory to the Building or the Building risers or wiring installationLandlord. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized Any such services provided by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and Tenant shall be responsible for all maintenance at Tenant's sole risk, cost and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsresponsibility.
Appears in 1 contract
Sources: Lease Agreement (Inhibitex Inc)
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall provide the maintenance and repairs described in paragraph 7(a), during except for damage occasioned by the normal business hours for the Building act of Tenant, which damage shall be repaired by Landlord at Tenant's expense.
(8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays exceptedb) furnish Subject to the Premises elevator service, electricity, seasonal air conditioning provisions elsewhere herein contained and heating, to the rules and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours regulations of the Building, as determined from time to time by LessorTenant shall be responsible for arranging for, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system direct payment of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of servicescost of, and same shall not be deemed to constitute an actual or constructive evictiongarbage pickup, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessorjanitorial, or directly to the utility provider if requested by Lessorwater, all costs of providing any utility services, including, without limitationelectricity, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals telephone and any and all other utilities and services; and, Landlord shall cooperate with ▇▇▇▇▇▇'s efforts to arrange such services. ▇▇▇▇▇▇ agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning system.
(c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems.
(d) Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment associated in connection with the additional cooling foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the premises not utilized by elements, labor disturbances of any character, any other occupant accidents or other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or to the Building; or (iii) the limitation, curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Which costs are estimated to be $3,560.00 annuallyFurthermore, Lessor owns and Landlord shall be responsible for all maintenance and repair entitled to cooperate voluntarily in a reasonable manner with the efforts of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling towernational, pumps, feeders, chemicals state or local governmental agencies or utilities suppliers in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all reducing energy or other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsresources consumption.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. a) Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicePremises, electricityduring hours of 8:00 AM to 6:00 PM Monday through Friday, seasonal except generally recognized holidays to be determined by Landlord at its sole discretion (“Business Hours”), and subject to the rules and regulations of the Property, commercially reasonable amounts of heat, ventilation, and air conditioning and heatingjanitorial and trash pickup service consistent with a general office use for the Premises, and water the utilities and services provided by other landlords of properties comparable to and in the vicinity of the Property for lavatory purposesgeneral office use (“Building Standard”). AdditionallyLandlord shall provide Tenant with access to the Property twenty-four (24) hours a day, Lessor will provide janitorial service seven days a week. Upon request by Tenant in accordance with the procedures established by Landlord from time to time for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building furnishing services for Lessee at times other than Business Hours for the normal operating hours of Property and other than Building Standard, Landlord shall furnish such services to Tenant and Tenant shall pay for such services on an hourly basis at the Buildingthen prevailing rate established for the Property by Landlord. Landlord shall also maintain and keep lighted the common stairs, as determined from time common entries and toilet rooms in the Property. No interruption, failure or inability to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to provide any service or utility system utility, regardless of its duration, shall constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant, or entitle Tenant to an abatement of rent.
(b) Tenant shall not use any apparatus or device in the Premises that will increase the amount of electricity usually furnished or supplied for the use of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive evictionPremises as general office space, nor entitle Lessee connect with electric current any apparatus or device except through existing electrical outlets in the Premises. If Tenant s usage of electricity, water or any other utility exceeds the Property Standard use of such utility, then to the extent permitted by Legal Requirements, Landlord may determine the amount of such excess use by any abatement reasonable means (including, but not limited to, the installation at Landlord’s request but at Tenant’s expense of a separate meter or diminution in rent payable other measuring device) and charge Tenant for the cost thereof. PORTIONS DENOTED WITH [***] HAVE BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.
(c) Landlord shall make available to Tenant, on an unassigned and non-exclusive basis for use by Tenant and Tenant’s Representatives and Visitors, at the users’ sole risk, one (1) parking space for each [***] rentable square feet of office space leased to Tenant at the Property under this Lease. Lessor Such parking spaces shall not be required in the parking areas on the Property (the “Parking Areas”). The parking spaces to furnish such services be made available to Lessee so long as Lessee is in default Tenant hereunder may contain a reasonable mix of its obligations under this Lease.
B. Lessee shall pay spaces for compact cars and up to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet [***] of the Premises unassigned spaces may also be designated by Landlord as to visitors’ parking. Landlord does not guarantee the Rentable Square Feet availability of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that parking spaces at all times its against the actions of other tenants of the Property and users of the Parking Areas. Landlord retains the right to revoke the parking privileges of any user of the Parking Areas who violates the rules and regulations governing use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters Parking Areas established by Landlord (and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and Tenant shall be responsible for causing any employee of Tenant or other person using parking spaces allocated to Tenant to comply with all maintenance parking rules and repair regulations).
(d) Commencing on the first anniversary of the cooling tower Commencement Date, Tenant shall pay Landlord, monthly, in addition to all other amounts due under this Lease, an amount to offset anticipated increases in operating expenses and chemicals needed to maintain taxes for the system while Property (the Lessee “Operating Expense Escalation Payment”). For the twelve-month period commencing on the first anniversary of the Commencement Date, the Operating Expense Escalation Payment shall be responsible for any and all costs for such repairs and maintenance equal to the product of (x) [***] multiplied by (y) the rentable square footage of the roof top cooling towerPremises. On each subsequent anniversary of the Commencement Date, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee Operating Expense Escalation Payment shall be responsible for any and all other equipment associated with this system including but not limited increased to be equal to the packaged units located in product of (x) [***] multiplied by (y) the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts rentable square footage of the premises put in Premises, multiplied by (z) the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsnumber of years that have elapsed since the Commencement Date.
Appears in 1 contract
Sources: Office Lease (Liveworld Inc)
Services and Utilities. A. Lessor covenants that it will13.1. Subject to the other provisions of this Lease, during the normal business hours for the Building (8:00 A.M. Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for the Permitted Uses; (b) heat and air conditioning required for the use and heatingoccupation of the Premises for the Permitted Uses during Building Business Hours (and if requested by Tenant after Building Business Hours at the After Hours HVAC Cost); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within ten (10) days of Landlord’s demand, for all electricity used by Tenant in the Premises as measured by a submeter, including, all electricity for lights, plugs and supplemental HVAC. 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 base building HVAC system in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and water Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for lavatory purposesan unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. AdditionallyLandlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.1.1. Notwithstanding the foregoing to the contrary, Lessor will provide janitorial service if and to the extent that electricity for the Premises and Building Common Areas and will cause is submetered by Landlord then as payment for such electricity, Landlord may elect to require Tenant to remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of the Building Common Areas Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for the Premises as of the Lease Reference Date, with such amount to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined increased from time to time by Lessornotice from Landlord to Tenant based on historical usage and cost or to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder.
13.1.2. On not less than an annual basis (or on such other billing cycle as Landlord shall determine), Landlord shall review the total Estimated Electricity Submeter Charge paid by Tenant during such applicable billing period and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash.
13.2. Should Tenant require HVAC service outside of Building Business Hours, Landlord shall, upon reasonable advance notice by Tenant, furnish such additional HVAC service outside of Building Business Hours, and Tenant agrees to pay Landlord the After Hours HVAC Cost as may be agreed upon but in no event at a charge less than Landlord’s actual costs plus overhead for such additional service and ,where appropriate, a reasonable allowance for depreciation of any modification systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any building utility time, is specified on the Reference Pages.
13.3. Wherever heat generating machines or service equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning system necessary or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate accommodate, in either event whether with or without Tenant’s approval, Landlord reserves the Lessee. Notwithstanding right to install supplementary heating and/or air conditioning units in or for the aforesaidbenefit of the Premises and the cost thereof, Lessor including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord within ten (10) days of Landlord’s demand; provided, however, that before Landlord shall have the right to install such supplementary heating and/or air conditioning units for such purpose, Landlord shall first notify Tenant in writing of Landlord’s intention to do so and if Tenant shall fail to commence the remediation of the conditions that are giving rise to the need to install such units within five (5) days of such written notice and thereafter diligently pursue such remediation until completion following such written notice (provided, however, that such remediation period shall in no manner be required event exceed thirty (30) days), then Landlord shall have the right to make proceed with the installation of such units as more particularly set forth hereinabove.
13.4. Tenant will not, without the written consent of Landlord, use any alteration to equipment or devices in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts in the aggregate, which will in any service way increase the amount of electricity or utility system water usually furnished or supplied for use of the Building on behalf Premises for the Permitted Uses, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of Lesseeusing electrical current or water. Lessor If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord shall not unreasonably withhold or delay. Landlord shall install an electric submeter in the Premises at Landlord’s cost as part of Landlord’s Work in accordance with Exhibit B. In the event that Landlord reasonably believes that Tenant is using water in excess of that usually furnished or supplied for use of the Premises for the Permitted Uses, then Landlord may cause a water meter to be liable installed so as to measure the amount of any excess water usage. The cost of any such water meter shall be paid for temporary failure by Tenant. Tenant agrees to pay to Landlord within thirty (30) days of servicesLandlord’s demand, the cost of all such excess water and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish electric current consumed (as shown by said meters) at the rates charged for such services to Lessee so long by the local public utility or agency, as Lessee is in default of its obligations under this Leasethe case may be, furnishing the same.
B. Lessee shall pay to Lessor13.5. Tenant will not, or directly to without the written consent of Landlord, contract with a utility provider if requested by Lessor, all costs of providing to service the Premises with any utility servicesutility, including, without limitationbut not limited to, gastelecommunications, electricity, water, cable televisionsewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and any other utilities applicable regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”), at its own risk, from the existing telecommunications nexus in the Building to the Premises, sufficient for the Permitted Uses. In the event that any utility to the Premises Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor withheld in its Landlord’s sole and absolute discretion. In the event of such apportionment, Lessee Landlord shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In in no event shall Lessor be liable for an interruption or failure disruption in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized obtained by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric Tenant pursuant to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsparagraph.
Appears in 1 contract
Sources: Lease (Ocular Therapeutix, Inc)
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant shall not be in default under this Lease, during and subject to the normal business hours for other provisions of this Lease, as part of the Building (8:00 A.M. Operating Expenses per Article 4 hereof, with Tenant paying its Proportionate Share, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceBuilding during generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), electricitythe following services and utilities subject to the Rules and Regulations of the Building prescribed from time to time: garbage service located in the Common Areas. Within the Premises, seasonal air conditioning Tenant shall pay all costs of utilities and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service other services for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessorfor use as Tenant sees fit as need for its business purposes, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to (a) water; (b) electricity, power, heat and air conditioning; (c) cleaning and janitorial service, and additional Tenant only trash removal; (d) fire and safety, alarm, video, cable, phone service, wireless network, i-cloud, surveillance or other systems to protect the packaged units located in Premises; (e) all such amenities or enhancements as Tenant deems necessary for operation of its business, such as a grease trap, so long as same comply with this Lease and the lab areaCenter’s Rules and Regulations; and (f) all other devices, safes, personal property or other item that allows Tenant’s business operated at the Premises to comply with all laws. Lessee shall also have To the electrical meter account supplying electric to this system and other parts extent that Tenant is not billed directly for any of the premises put in above, or fails to pay same Landlord may procure said service utility etc. for the Lessee’s name Premises, and shall be responsible permitted to ▇▇▇▇ Tenant therefor as Additional Rent. Tenant shall pay all such actual charges plus a ten percent (10%) administrative fee to Landlord within five (5) days of Landlord’s demand therefor. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of Rent by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of any costs character, energy usage restrictions, force majeure, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside of Building Business Hours specified herein, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but not limited in no event at a charge less than Landlord’s actual cost plus an administrative charge of ten percent (10%) for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to usage and security depositsprovide such service.
Appears in 1 contract
Sources: Lease (1847 Holdings LLC)
Services and Utilities. A. Lessor covenants that it willTenant shall promptly pay, during as the normal business hours same become due, all charges for the Building (8:00 A.M. to 6:00 P.M.water, Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicegas, electricity, seasonal air conditioning telephone, sewer service, waste pick-up and heatingany other utilities, materials and water for lavatory purposes. Additionally, Lessor will provide janitorial service for services furnished directly to or used by Tenant on or about the Premises and Building Common Areas and will cause during the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesTerm, including, without limitation, gas(a) meter, electricityuse and/or connection fees, waterhook-up fees, cable televisionor standby fees, and any other utilities applicable to the Premises(b) penalties for discontinued or interrupted service. In the event that any utility to At no time shall use of electricity in the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any interruption or cessation of utilities (each, a "Service Interruption") resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Notwithstanding the foregoing, if the Premises, or a material portion thereof, is made untenantable or inaccessible for more than three (3) consecutive business days after written notice from Tenant to Landlord as a result of a Service Interruption, then to the Building extent that Service Interruption is caused by the negligence or willful misconduct of Landlord or any Landlord Parties, Tenant, as its sole remedy, shall be entitled to receive an abatement of Monthly Rent (defined below) payable hereunder during the Building risers period beginning on the fourth (4th) consecutive business day of such Service Interruption and ending on the day the service is restored. If a Service Interruption renders less than the entire Premises untenantable or wiring installation. Lessee agrees not to connect any additional electrical equipment inaccessible, the amount of Monthly Rent abated shall be prorated in proportion to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling percentage of the premises not utilized by any other occupant rentable square footage of the BuildingPremises that is rendered untenantable or inaccessible. Which costs are estimated to be $3,560.00 annuallyAs used herein, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits."
Appears in 1 contract
Sources: Office Lease (Netgear, Inc)
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant shall not be in default under this Lease, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring ordinary business hours (8:00AM to 6:00PM) on generally recognized business days (but exclusive in any event of Sundays and legal holidays), electricity, seasonal the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord's judgment for the use and heatingoccupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from in time to time in Landlord's judgment be reasonably required; and, (f) equipment to bring to Tenant's meter, electricity for lighting, convenience outlets and water other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as Additional Rent, for lavatory purposes. Additionally, Lessor will provide janitorial service for all electricity used by Tenant in the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee Tenant shall pay unto Lessoras Additional Rent, as additional rentfor Tenant’s Proportionate Share of electricity used in the operation, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours maintenance, repair and management of the Building, as determined from time including all common areas. The charge shall be at the rates charged for such services by the local public utility. Landlord shall use reasonable efforts to time by Lessor, remedy any interruption in the furnishing of services and the costs of any modification to any building utility or service system necessary to accommodate the Lesseeutilities. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required reduction of rental by reason of Landlord's failure to furnish such services to Lessee so long as Lessee is any of the foregoing; provided, however, in default of its obligations under this Lease.
B. Lessee shall pay to Lessorthe event that (i) any heat, or directly to the utility provider if requested by Lessorair conditioning, all costs of providing any utility services, including, without limitation, gas, electricityelectric, water, cable televisionor sewer (the “Primary Utilities”) are not available for use by the Tenant at the Premises for a period of five (5) consecutive days, and any other utilities applicable the cause of such non availability is due to something in Landlord’s control, or (ii) if the Building is not available for use for a period of five (5) consecutive days due to the Premises. In violation or alleged violation of any Environmental Laws, then Tenant shall have the event right thereafter to ▇▇▇▇▇ rent on a per diem basis for each day that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building Primary Utilities or the Building risers or wiring installation. Lessee agrees are not to connect available for use by the Tenant.
13.2 Should Tenant require any additional electrical equipment work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to the Building electric distribution systembe agreed, other upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay to Landlord as Additional Rent such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than lampsLandlord's actual cost plus overhead for such additional service and, typewriters and other small office machines which consume comparable amounts where appropriate, a reasonable allowance for depreciation of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse any systems being used to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling provide such service. As of the premises not utilized by any other occupant date of this Lease, the after-hours charge for HVAC is $40 per hour. This charge is subject to change during the term of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsLease.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it willTenant shall be responsible for contracting directly with any applicable public utility company or third party provider for, during and shall promptly pay, as the normal business hours for the Building (8:00 A.M. to 6:00 P.M.same become due, Mondays through Fridaysall charges for, inclusivewater, holidays excepted) furnish to the Premises elevator servicegas, electricity, seasonal air conditioning telephone, sewer service, waste pick-up and heatingany other utilities, materials and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause services furnished directly to or used by Tenant at the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than during the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesLease Term, including, without limitation, gas(i) meter, electricityuse and/or connection fees, waterhook-up fees, cable televisionor standby fees, and any other utilities applicable to the Premises(ii) penalties for discontinued interrupted service. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its Tenant's use of electric current electricity shall not never exceed the capacity of existing the feeders to the Building Project or the Building risers or wiring installationinstallations. Lessee agrees not Notwithstanding the foregoing, Tenant shall have the right to connect upgrade such capacity, at Tenant's sole cost, in order to accommodate Tenant's use of the Premises at any additional electrical equipment time during the Lease Term; provided that, any such upgrades by Tenant shall be performed pursuant to the terms and conditions of Article 8 of this Lease. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided that, to the extent the cause is the failure of Landlord to observe or perform an obligation of Landlord hereunder and such failure materially adversely affects Tenant’s possession, use or enjoyment of the Premises for the Permitted Use or materially adversely affects Tenant’s parking rights under this Lease, then Landlord shall initiate the cure of such failure, to the extent reasonably possible, promptly after receipt from Tenant of notice of the failure and Landlord, to the extent possible, shall thereafter diligently prosecute said cure to completion. Tenant acknowledges that Landlord may be required in the future to disclose information concerning Tenant's energy usage to certain third parties, including, without limitation, prospective purchasers, lenders and tenants of the Building electric distribution system("Tenant Energy Use Disclosure"). Tenant shall reasonably cooperate with Landlord with respect to any Tenant Energy Use Disclosure. Without limiting the generality of the foregoing, Tenant shall, within ten (10) days following request from Landlord, disclose to Landlord all non-proprietary, non-confidential information reasonably requested by Landlord in connection with such Tenant Energy Use Disclosure, including, but not limited to, the amount of power or other than lampsutilities consumed within the Premises for which the meters for such utilities are in Tenant's name, typewriters the number of employees working within the Premises, the operating hours for Tenant's business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this information shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other small office machines which consume comparable amounts governmental entities having jurisdiction), and any third parties to whom Landlord is required to make any Tenant Energy Use Disclosure. Tenant hereby (A) consents to all such Tenant Energy Use Disclosures, and (B) acknowledges that Landlord shall not be required to notify Tenant of electricityany Tenant Energy Use Disclosure. Tenant agrees that none of the "Landlord Parties," as that term is defined in Section 10.1, without Lessor’s prior written consent.
D. Lessee below, shall reimburse to Lessor all costs of service contracts for maintaining be liable for, and Tenant hereby releases the roof top cooling towerLandlord Parties from, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling loss, cost, damage, expense and liability relating to, arising out of the premises not utilized by and/or resulting from any other occupant of the BuildingTenant Energy Use Disclosure. Which costs are estimated In addition, Tenant represents to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for Landlord that any and all costs for such repairs and maintenance of the roof top cooling towerinformation provided by Tenant to Landlord pursuant to this paragraph shall be, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located best of Tenant's knowledge, true and correct in all material respects, and Tenant acknowledges that Landlord shall rely on such information. The terms of this paragraph shall survive the lab area. Lessee shall also have the electrical meter account supplying electric to expiration or earlier termination of this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsLease.
Appears in 1 contract
Sources: Office Lease (C3.ai, Inc.)
Services and Utilities. A. Lessor covenants that it will, during 7.1 Landlord shall furnish Tenant with the normal business hours following services: (1) hot and cold water service for use in the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to lavatories and kitchen on each floor on which the Premises elevator service, electricity, seasonal air conditioning and heatingare located, and water for lavatory purposes. Additionallydrinking purposes (provided, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor that Landlord shall not be required to furnish provide special filtration or otherwise provide treatment to the available tap water in order to make it more desirable to Tenant for drinking or cooking purposes); (2) heat, ventilation and air conditioning in season during Normal Business Hours, at such services temperatures and in such amounts as are standard for comparable Class “A” office buildings or as required by governmental authority Tenant, upon such advance notice (which may be telephonic) as is reasonably required by Landlord, shall have the right to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee receive HVAC service during hours other than Normal Business Hours (Tenant shall pay to LessorLandlord’s reasonable charge for the additional service, or directly to the utility provider if requested by Lessor, all costs of which charge shall approximate Landlord’s actual expense in providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three service); (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower Premises or Property as described herein and chemicals needed to maintain fulfill its obligations hereunder; (4) elevator service; (5) electricity and other utilities to the system while Premises for general office use, in accordance with and subject to the Lessee terms and conditions in Article 10 and Exhibit C; (6) washing of interior and exterior surfaces of exterior windows with reasonable frequency; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Premises or the Property as a Class “A” office building.
7.2 Tenant’s failure to receive or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor ZYMOGENETICS 1144 EASTLAKE LEASE PAGE 13 FEBRUARY 29, 2008 relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure due to the negligence or willful misconduct of a Landlord Related Party or Landlord’s contractors or representatives (defined below), then Tenant, as its sole remedy (except in the case of the negligence or willful misconduct of a Landlord Related Party or Landlord’s contractors or representatives, as described below in this Section 7.2), shall be responsible entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any and all costs for such repairs and maintenance of the roof top cooling towerloss or damage, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for theft of Tenant’s Property (defined in Article 15), arising out of or in connection with the failure of any and all other security services, personnel or equipment associated with this system including but not limited except to the packaged units located extent caused by the negligence or willful misconduct of a Landlord Related Party or Landlord’s contractors or representatives. If the Premises are so untenantable, Landlord will use its commercially reasonable best efforts to provide Tenant with alternative space in the lab area. Lessee shall also have Building until the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsPremises are restored.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will13.1 Provided Tenant sha ll not be in default under this Lease, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), electricity, seasonal air conditioning the following services and heating, utilities subject to the rules and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause regulations of the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined prescribed from time to time time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord' s judgment for the use and occupation of the Premises during Building Business Hours; (c) cleaning and janitorial service five (5) days per week only; (d) elevator service by Lessornonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public util ity, Tenant shall pay, within five (5) days of Landlord 's demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Landlord reserves the right to install electric and/or water meters in the Premises or any part thereof. The cost of any modification to any building utility or service system necessary to accommodate the Lesseesuch meters shall be at Tenant's expense. Notwithstanding anything to the aforesaidcontrary contained in this Lease, Lessor provided there is no Event of Default under the Lease, electricity charges for the Initial Premise shall be abated for the first year of Term as set forth in no manner be required to make any alteration to any service the Initial Premises rent schedule on the Reference Pages. In the absence of Landlord's gross negligence or utility system of the Building on behalf of Lessee. Lessor willful misconduct, Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord's failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by T▇▇▇▇▇ and provided further that Landlord shall not be required to furnish liable when such services to Lessee so long as Lessee fail ure is in default of its obligations under this Lease.
B. Lessee shall pay to Lessorcaused by accident, or directly to the utility provider if requested by Lessorbreakage, all costs of providing any utility servicesrepairs, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity labor disputes of any utilities within the Premises character, energy usage restrictions or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant cause, sim ilar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the Building. Which costs are estimated furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be $3,560.00 annuallyagreed, Lessor owns and shall upon reasonable advance notice by T▇▇▇▇▇, furnish such additional service an d Tenant agrees to pay Landlord such charges as may be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for agreed upon, including any and all costs tax imposed thereon, but in no event at a charge less than Landlord's actual cost plus overhead for such repairs and maintenance additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsReference Pages.
Appears in 1 contract
Sources: Lease Agreement (Wageworks, Inc.)
Services and Utilities. A. Lessor covenants that it will14.1. provided Tenant shall not be in default under this Lease, during and subject to the normal business hours for the Building (8:00 A.M. other provisions of this Lease, Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicebetween the hours of 8:00 a.m. and 6:00 PM on generally recognized business days and between 8:00 AM and 1:00 PM on Saturdays (but exclusive in any event of Sundays and legal holidays), electricity, seasonal air the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air-conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service required in Landlord’s judgment for the Premises use and Building Common Areas occupation of the Premises; (c) janitorial service; (d) elevator service by non attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; and will cause (f) equipment to bring to Tenant’s meter, electricity for lighting, convenience outlets and other normal office use. To the Building Common Areas to be cleaned and generally maintained. Lessee extent that Tenant is not billed directly by a public utility, Tenant shall pay unto Lessorpay, upon demand, as additional rent, for all costs incurred electricity used by Lessor Tenant in providing any building the Premises. The charge shall be at the rates charged for such services by the local public utility. Tenant shall pay for Lessee at all electric light bulbs, tubes and ballasts. Tenant agrees that all times other than to cooperate fully with Landlord and to abide by all the normal operating hours regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lesseesaid systems. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to remedy any interruption in the furnishing of services and utilities. Notwithstanding the above, Landlord shall be entitled, without compensation to Tenant or any abatement of rent, to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or suppliers of utilities in reducing consumption of energy or other resources.
14.2. Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such services additional service and Tenant agrees to Lessee so long pay Landlord such charges as Lessee is may be agreed upon, including any tax imposed thereon, but in default no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of its obligations under this Leaseany systems being used to provide such Service.
B. Lessee shall pay to Lessor, 14.3. Wherever heat-generating machines or directly to the utility provider if requested equipment are used by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to Tenant in the Premises shall not be separately meteredwhich affect the temperature otherwise maintained by the air-conditioning system, Lessor shall apportion Landlord reserves the right to install supplementary air-conditioning units in or for the benefit of the Premises and the cost thereof, including the reasonable cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord upon demand as such utility among additional rent.
14.4. Tenant will not, without the various lessees served thereby on either a square footage basis (based upon written consent of Landlord, use any apparatus or device in the proportion Premises, including but not limited to, electronic data processing machines and machines using current in excess of Rentable Square Feet 200 ▇▇▇▇▇ or 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as to normal office use, Tenant shall procure the Rentable Square Feet prior written consent of Landlord for the areas of the Building served by the utility) use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or based upon the intensity of use by Lessee, such basis electric current meter to be determined by Lessor in its sole discretion. In installed so as to measure the event amount of such apportionment, Lessee excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Lessor monthly, as additional rentrent to Landlord promptly upon demand therefor, Lessee’s portion of the cost of all such utilityexcess water and electric current consumed (as shown by said meters, within three (3if any, or, if none, as reasonably estimated by Landlord) days at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of receipt of a statement from Lessor thereforthe water and electric current so consumed.
14.5. In no event shall Lessor be liable for an interruption or failure Subject as provided in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its , Tenant shall be entitled to the use of electric current shall not exceed wiring (“Communications Wiring”) from the capacity vault of existing feeders Ameritech Company or its successor (“Ameritech”) at or near the entrance to the Building to Tenant’s telephone panel at or near the Building risers or wiring installationentrance to the Premises, sufficient for normal general office use of the Premises. Lessee agrees Tenant shall not to connect install any additional electrical equipment to Communications Wiring without the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent of Landlord, which Landlord may refuse; nor shall Tenant remove any Communications Wiring without such consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and Tenant shall be responsible for, and indemnify and hold Landlord harmless from and against, all injuries and damages to persons or property and all expenses, claims and liabilities resulting from the installation, use, maintenance, repair or replacement of Communications Wiring (“Wiring Work”) by Tenant or anyone employed by Tenant. If and so long as an arrangement (“Provider Arrangement”) shall be in effect between Landlord and Ameritech or other qualified concern to provide any Wiring Work on an exclusive basis Tenant shall obtain such Wiring Work as Tenant shall require from such provider through or as directed by Landlord and shall pay all the costs thereof billed directly to Tenant by such provider. If and so long as no Provider Arrangement shall be in effect, Tenant shall arrange for, through Landlord if required by Landlord, and pay directly for, all such Wiring Work as Tenant shall require from such provider as Tenant shall select subject to the prior authorization of Landlord, which Landlord may refuse for all maintenance and repair any reason, including (without limitation) that Landlord is not satisfied as to the expertise or reliability of the cooling tower and chemicals needed provider or the liability insurance protection to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsgiven.
Appears in 1 contract
Sources: Assumption and Attornment Agreement (Archipelago Holdings L L C)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. Tenant shall arrange to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heatingobtain, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall timely pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility company or service provider if requested by Lessorall charges for, all costs of providing any utility serviceswater, including, without limitationsewer, gas, electricity, watertelephone, cable televisioncable, trash removal and any other utilities applicable and services that Tenant desires to be furnished to the Premises. In the event that any utility to the Premises shall not be separately meteredNo change, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lesseeinterference, such basis to be determined by Lessor in its sole discretion. In the event of such apportionmentinterruption, Lessee shall pay to Lessor monthlydisruption, as additional rentreduction, Lessee’s portion of the cost of such utilitydefect, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supplycharacter or supply of any services or utilities furnished to the Premises (regardless of duration), quality and no unavailability or unsuitability of the quantity or character of any services or utilities, shall: (i) constitute an eviction (actual or constructive) of Tenant (in whole or in part); (ii) impose any liability on Landlord; (iii) entitle Tenant to any damages or offset; (iv) relieve or release Tenant from any obligation under this Lease; or (v) entitle Tenant to terminate this Lease (and Tenant waives all benefits of any law permitting Tenant to assert any claim or terminate this Lease on account thereof). If any utilities or services are metered or billed jointly with any other portion of the Property, Landlord shall bill Tenant, and Tenant promptly shall pay Landlord, the amount that Landlord estimates for such utilities as Additional Rent. Landlord may install separate meters, sub-meters or other devices to measure the usage of any utilities within for the Premises Premises, in which event Tenant shall reimburse Landlord for the cost to install, operate, maintain, repair and replace such meters and shall pay the utility provider directly for the cost of Tenant’s usage of such utilities and, until such meters are installed, Tenant shall pay the amount that Landlord estimates for such utilities. This paragraph shall survive the expiration or Building, and same shall in no manner constitute an actual or constructive eviction earlier termination of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease Agreement (First Breach, Inc.)
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee Tenant shall pay unto Lessorpromptly pay, as additional rentthe same become ----------------------- due, all costs incurred by Lessor in providing any building services charges for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitationwater, gas, electricity, watertelephone, cable televisionsewer service, waste pick-up and any other utilities applicable utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the term, including without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, water and sewer service available to the Premises as of the Commencement Date), and (ii) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises. In the event that any utility to the Premises , then Tenant shall not be separately metered, Lessor shall apportion pay its pro rata share of the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building service with all others served by the utility) or based upon the intensity service not separately metered. However, if Landlord reasonably determines that Tenant is using a disproportionate amount of use by Lesseeany utility service, such basis to be determined by Lessor in then Landlord at its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthlyelection may (i) periodically charge Tenant, as additional rentAdditional Rent, Lessee’s portion a sum equal to Landlord's reasonable estimate of the cost of Tenant's excess use of such utilityutility service, within three or (3ii) days install, at Tenant's expense, a separate meter to measure the utility service supplied to the Premises. Any interruption or cessation of receipt utilities resulting from any causes, including any entry for repairs pursuant to this lease, and any renovation, redecoration or rehabilitation of a statement from Lessor therefor. In no event any area of the Project shall Lessor be not render Landlord liable for an damages to either person or property or for interruption or failure in the supplyloss to Tenant's business, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute nor be construed as an actual or constructive eviction of LesseeTenant, nor entitle Lessee to any work an abatement of any Rent under this Lease.
C. Lessee covenants and agrees portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, in the event that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling an interruption of the premises not utilized by any other occupant Project services causes the Premises to be untenantable for the permitted uses hereunder (including the operation of the Building. Which costs are estimated to be $3,560.00 annuallyData Center) for a period of at least ten (10) consecutive days and such interruption was caused by the negligence or willful acts or omissions of Landlord or its agents, Lessor owns and employees or contractors, then monthly Rent shall be responsible proportionally abated thereafter for all maintenance and repair such untenantable portion of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsPremises.
Appears in 1 contract
Sources: Lease (Navisite Inc)
Services and Utilities. A. Lessor covenants that it willTenant shall pay for all water, during gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the normal business hours 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 Building (8:00 A.M. written consent of Landlord, contract with a utility provider to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to service the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing with any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicesutility, including, without limitation, gasbut not limited to, electricity, water, cable televisionsewer or gas, and which is not previously providing such service to other tenants in the Building. Landlord shall in no event be liable for any other utilities applicable interruption or failure of utility services on or to the Premises. In However, notwithstanding the event that any utility to foregoing, if the Premises shall not be separately meteredPremises, Lessor shall apportion the cost of such utility among the various lessees served thereby on either or a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s material portion of the cost Premises, are made untenantable for a period in excess of ten (10) consecutive business days solely as a result of an interruption, diminishment or termination of services due to Landlord’s gross negligence or willful misconduct and such utilityinterruption, within three (3) days diminishment or termination of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities services is otherwise reasonably within the Premises or Buildingcontrol of Landlord to correct (a “Service Failure”), and same then Tenant, as its sole remedy notwithstanding anything to the contrary contained herein, shall in no manner constitute be entitled to receive an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any the Monthly Installment of Rent under this Lease.
C. Lessee covenants and agrees that at all times its use Tenant’s Proportionate Share of electric current Expenses and Taxes payable hereunder during the period beginning on the eleventh (11th) consecutive business day of the Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. The foregoing abatement right shall not exceed apply if the capacity Service Failure is due to fire or other casualty. Instead, in such an event, the terms and provisions of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consentArticle 22 shall apply.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will(a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), during except for damage occasioned by the normal business hours act or omission of Tenant or for the Building which Tenant is responsible pursuant to Paragraph 10(c), which damage shall be repaired by Landlord at Tenant's expense.
(8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays exceptedb) furnish Subject to the Premises elevator serviceprovisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and direct payment of any and all cost of, garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, seasonal air conditioning gas, telephone, cable and heatingdigital services, and water for lavatory purposesTenant shall provide the maintenance, repair and replacement of Building Systems in connection with such utilities and services, and Tenant shall provide the maintenance, repair and services as described in Paragraph 7(b). AdditionallyLandlord shall cooperate with Tenant's efforts to arrange all such services. If Landlord assumes Tenant's maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Lessor will provide janitorial service Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for the Premises proper functioning and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system protection of the Building on behalf Systems.
(c) Tenant will not without the written consent of Lessee. Lessor Landlord, which consent shall not be liable for temporary failure of servicesunreasonably withheld or delayed, and same shall not be deemed to constitute use any apparatus or device in the Premises which, when used, puts an actual excessive load on the Building or constructive eviction, nor entitle Lessee to any abatement its structure or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility servicessystems, including, without limitation, gaselectronic data processing machines, electricitypunch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, waternor be deemed to have evicted Tenant, cable televisionnor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of this paragraph, by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the elements, labor disturbances of any character, any other utilities applicable to accidents or other conditions beyond the Premises. In reasonable control of Landlord, or by the event that any utility making of repairs or improvements to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as or to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure except in the supplycase of Landlord's gross negligence or willful misconduct); or (iii) the limitation, quality curtailment, rationing or quantity restriction on use of water or electricity, gas or any utilities within other form of energy or any other service or utility whatsoever serving the Premises or Buildingthe Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant's use as a consequence of cessation of gas and same shall in no manner constitute an actual electric utilities or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders other services provided to the Building or Premises resulting from a casualty covered by Landlord's insurance, then Tenant's Monthly Base Rent and Additional Charges shall abat▇ ▇▇▇ing the Building risers or wiring installation. Lessee agrees period of time in which Tenant cannot to connect any additional electrical equipment occupy the Premises for the Permitted Uses, but only to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts extent of electricity, without Lessor’s prior written consentrental abatement insurance proceeds received by Landlord.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease Agreement (Harmonic Inc)
Services and Utilities. A. Lessor covenants that it will, Landlord will furnish the Premises air conditioning and heating during the seasons they are required in Landlord's reasonable judgment. Landlord will furnish adequate electrical power for all powered office machines and lighting. Landlord will provide: water; elevator service; exterior window cleaning service; and janitorial service after 6:00 p.m. Monday through Friday only (excluding Federal and Commonwealth of Virginia holidays). Landlord will furnish all services and utilities required by this Lease only during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of operation of the Building, as determined set forth in the rules and regulations attached hereto as Exhibit D, unless otherwise specified herein. It is also agreed that if Tenant requires air conditioning or heat beyond the normal hours of operation set forth herein, and provided arrangements are made with Landlord's agent, Landlord will furnish such services (at the price stipulated by Landlord from time to time time) which shall be comparable to prices for similar services charged by Lessorowners of similar buildings in the greater Norfolk metropolitan area, at Tenant's expense. It is understood and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor agreed that Landlord shall not be liable for temporary failure to furnish or for delay or suspension in furnishing, any of servicesthe utilities or services required to be provided or per-formed by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, voluntary agreement between Landlord and same any governmental body or agency or from any other cause whatsoever. It is further agreed that any such failure or inability to furnish the utilities or services required hereunder shall not be deemed to constitute considered an eviction, actual or constructive evictionconstructive, nor of Tenant from the Premises, and shall not entitle Lessee Tenant to terminate this Lease or to an abatement of any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such hereunder provided, however, that if the aforesaid utilities or services to Lessee so long are interrupted as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet result of the Premises as to the Rentable Square Feet negligence or willful misconduct of the areas Landlord for a period of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within more than three (3) days of receipt of a statement from Lessor thereforconsecutive business days, and ▇▇▇▇▇▇ is unable to operate its business in, or occupy the Premises, the rent payable hereunder shall ▇▇▇▇▇ until such interruption is remedied. In no event Landlord shall Lessor be liable for an use reasonable diligence to repair promptly any failure, interruption or failure in the supply, quality or quantity of any utilities suspension which is within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this LeaseLandlord's control.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Services and Utilities. A. Lessor covenants Provided that it willTenant is not in default hereunder, during the normal business hours for the Building (8:00 A.M. ▇▇▇▇▇▇▇▇ agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator servicetwenty-four (24) hours a day, seven (7) days a week, subject to the Rules and Regulations of the Building or Project, water, and electricity for normal desk top office equipment and normal copying equipment, and heating, ventilation and air conditioning ("HVAC") as required in Land-lord's judgment for the comfortable use and occupancy of the Premises. Landlord shall maintain and keep lighted the common stairs, common entries and restrooms of the building. Land-lord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or inter-ruption of use of any equipment in connection with the furnishing of any of the forego-ing services by the utility company or as to which Landlord is not otherwise liable under the lease, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condi-tion or event beyond the reason-able control of Landlord, (iii) the limitation, curtailment or ration-ing of, or restric-tions on, use of water, electricity, seasonal air conditioning and heatinggas or any other form of energy serving, and water for lavatory purposesthe Premis-es, Building or Project. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable under any circumstances for temporary a loss of or injury to property or business, however occur-ring, through or in connection with or incidental to failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish any such services services. If Tenant uses heat generating machines or equipment in the Premises which affect the tempera-ture otherwise maintained by the HVAC system, Landlord reserves the right to Lessee so long as Lessee is install supplemen-tary air condi-tioning units in default the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall have its obligations under this Lease.
B. Lessee own electric meter and shall pay to Lessor, or directly to the utility provider if requested by Lessor, be solely responsible for all costs of providing any utility services, includingelectricity furnished by Landlord for their use. Tenant shall not, without limitationthe written consent of Landlord, gasuse any apparatus or device in the Premises, electricityincluding without limita-tion, waterelec-tronic data processing machines, cable televisionpunch card machines or machines using in excess of 120 volts, and which consumes more electricity than is usually furnished or supplied for the use of Premises as general office space, as determined by Land-lord. Tenant shall not connect any other utilities applicable to apparatus with electric current except through existing electrical outlets in the Premises. In the event that any utility to the Premises Tenant shall not be separately metered, Lessor shall apportion consume water or electric current in excess of that usually furnished or supplied for the cost use of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be general office space (as determined by Lessor Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in its sole discretion. In the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such apportionmentmeter and of its installation, Lessee maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Lessor monthlyLandlord promptly upon demand for all such water and electric current consumed as shown by said meters, as at the rates charged for such services by the local public utility plus any additional rent, Lessee’s portion expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost of for such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, water and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building be estab-lished by an estimate made by a utility company or the Building risers or wiring installationelectrical engineer hired by Landlord at Tenant's expense. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and Tenant shall be responsible for all the maintenance and repair of the cooling tower any such meters at its sole cost. Landlord shall furnish lighting replacement for exterior building standard lights, window washing and chemicals needed common area janitor services in a manner that such services are customarily furnished to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located comparable office buildings in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will, during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours The last sentence of Article 15B of the Building, as determined from time to time by Lessor, Lease is hereby ---------------------- deleted in its entirety and replaced with the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. following: "In the event that Tenant is prevented from using, and does not use, the Premises or any utility portion thereof, for five (5) consecutive business days or fifteen (15) business days in any twelve (12) month period following Landlord's receipt of written notice from Tenant (the "Eligibility Period") as a result of any (i) repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform and which was required by this Lease (which is not necessitated by the negligence of Tenant or its employees, agents, contractors or invitees) and which substantially interferes with Tenant's use of the Premises, and (ii) interruption in any of the following building services required to be provided by Landlord (so long as it is not due to the Premises fault or neglect of Tenant, its agents, employees, contractors or invitees): heating, ventilation and air conditioning, electrical services, janitorial service or water or any other "essential" building service (each such circumstance to be known as an "Abatement Event"), then Tenant's rent and parking charges shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not be separately metereduse, Lessor shall apportion the cost of such utility among the various lessees served thereby on either Premises, or a square footage basis (based upon portion thereof, in the proportion that the rentable area of Rentable Square Feet the portion of the Premises, that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from conducting, and does not conduct, its business in any portion of the Premises as to the Rentable Square Feet for a period of time in excess of the areas of Eligibility Period, and the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s remaining portion of the cost Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the rent for the entire Premises and all of Tenant's parking charges shall be abated; provided, however, if Tenant reoccupies and conducts its business from any portion of the Premises during such period, the rent and parking charges allocable to such reoccupied portion, based on the proportion that the rentable area of such utilityreoccupied portion of the Premises bears to the total rentable area of the Premises, within three (3) days shall be payable by Tenant from the date such business operations commence. Notwithstanding anything to the contrary contained herein, the terms of receipt of Article 23 and 24 shall govern and control Tenant's right to any rental abatement as a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity result of any utilities within the Premises event covered by Article 23 or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease24 below.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits."
Appears in 1 contract
Sources: Lease (Multilink Technology Corp)
Services and Utilities. A. Lessor covenants that it will, during 7.1 Landlord shall furnish Tenant with the normal business hours following services: (1) hot and cold water service for use in the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to lavatories and kitchen on each floor on which the Premises elevator service, electricity, seasonal air conditioning and heatingare located, and water for lavatory purposes. Additionallydrinking purposes (provided, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor that Landlord shall not be required to furnish provide special filtration or otherwise provide treatment to the available tap water in order to make it more desirable to Tenant for drinking or cooking purposes); (2) heat, ventilation and air conditioning in season during Normal Business Hours, at such services temperatures and in such amounts as are standard for comparable Class A office buildings or as required by governmental authority. Tenant, upon such advance notice (which may be telephonic) as is reasonably required by Landlord, shall have the right to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee receive HVAC service during hours other than Normal Business Hours (Tenant shall pay to LessorLandlord's reasonable charge for the additional service, or directly to the utility provider if requested by Lessor, all costs of which charge shall approximate Landlord's actual expense in providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three service); (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower Premises or Property as described in Section 9.2 and chemicals needed to maintain fulfill its obligations in Section 4.3.; (4) elevator service; (5) electricity and other utilities to the system while Premises for general office use, in accordance with and subject to the Lessee terms and conditions in Article 10 and Exhibit C; (5) washing of interior and exterior surfaces of exterior windows with reasonable frequency; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Premises or the Property as a Class A office building.
7.2 Tenant's failure to receive or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure due to Landlord's negligence or willful misconduct, then Tenant, as its sole remedy, shall be responsible entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any and all costs for such repairs and maintenance of the roof top cooling towerloss or damage, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contracttheft of Tenant's Property (defined in Article 15), arising out of or in connection with the failure of any security services, personnel or equipment not caused by Landlord's negligence or willful misconduct. Lessee shall be responsible for any and all other equipment associated If the Premises are so untenantable, Landlord will use its commercially reasonable best efforts to provide Tenant with this system including but not limited to the packaged units located alternative space in the lab area. Lessee shall also have Building until the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsPremises are restored.
Appears in 1 contract
Services and Utilities. A. Lessor covenants that it will13.1 Subject to the other provisions of this Lease, during the normal business hours for the Building (8:00 A.M. Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), electricity, seasonal air conditioning the following services and heating, utilities subject to the rules and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause regulations of the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined prescribed from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s commercially reasonable judgment for the intended use and occupation of the Premises during Building on behalf Business Hours; (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within fifteen (15) days of LesseeLandlord’s demand, for all electricity used by Tenant in the Premises. Lessor The charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. Regardless of the method used to pass the cost of electricity through to Tenant, Tenant shall not be charged for electricity more than the net actual amount Landlord pays for such electricity after any abatement, rebates or other credits. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for temporary failure of servicesfor, and same Tenant shall not be deemed to constitute an actual or constructive evictionentitled to, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor reduction of rental by reason of Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for an unreasonable time after written notice of such failure is given to Landlord by Tenant and provided further that Landlord shall not be required liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to furnish such remedy any interruption in the furnishing of services and utilities. Water, heat and air conditioning (subject to Lessee so long as Lessee is in default the terms set forth herein regarding after hours HVAC), elevator service and electricity , shall be provided twenty-four (24) hours per day, seven (7) days per week, subject to events outside of its obligations under the reasonable control of Landlord and the terms of this Lease.
B. Lessee shall pay to Lessor13.2 Should Tenant require any additional work or service, or directly to the utility provider if requested by Lessoras described above, all costs of providing any utility servicesincluding services furnished outside ordinary business hours specified above, includingLandlord may, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis terms to be determined agreed, upon reasonable advance notice by Lessor Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable at a charge less than Landlord’s actual cost plus overhead for an interruption or failure in the supplysuch additional service and, quality or quantity where appropriate, a reasonable allowance for depreciation of any utilities within systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this LeaseReference Pages.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease (Cray Inc)
Services and Utilities. A. Lessor covenants Provided that it willTenant is not in default hereunder beyond any applicable cure period, during the normal business hours for the Building (8:00 A.M. Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning during the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday (excluding holidays) and heating8:30 a.m. to 2:30 p.m. Saturday ("Building Hours"), and water for lavatory purposes. Additionally, Lessor will provide janitorial service for subject to the Premises rules and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system regulations of the Building on behalf of Lessee. Lessor shall not be liable which the Premises are a part, electricity for temporary failure normal lighting, personal computers, printers, fax machines and copy machines typically used in a professional office of servicesthe same size as the Premises, and same shall not be deemed to constitute an actual or constructive evictionfractional horsepower office machines, nor entitle Lessee to any abatement or diminution heat and air conditioning required in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default Landlord's good faith judgment for the comfortable use and occupation of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitation, gas, electricity, water, cable televisionPremises, and any other utilities applicable to the Premisesjanitorial service. In the event that any utility Janitorial service shall be provided to the Premises shall not be separately meteredfive (5) days per week, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet excluding holidays, and excluding those portions of the Premises as to which access is prevented by Tenant (e.g., Tenant's vaults or the Rentable Square Feet special security areas designated by Tenant (such vault and security areas to be approved by Landlord so as to not interfere with Landlord's access to the Building structure or utility systems)) During the term of this Lease, Landlord shall maintain the quality of said janitorial service that is in effect as of the areas of Commencement Date. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building served by of which the utility) Premises are a part. Landlord shall not be in default hereunder, or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption any damages directly or indirectly resulting from, and Tenant shall not be entitled to, any reduction of rent by reason of Landlord's failure in to furnish any of the supplyforegoing when such failure is caused by accident, quality breakage, repairs, strikes, lockouts or quantity other labor disturbances or labor disputes of any utilities within the Premises character, or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property or consequential damages, however occurring, through or in connection with or incidental to failure to furnish any of the Buildingforegoing. Which costs Wherever heat generating machines or equipment are estimated used in the Premises which affect the temperature, or if Premises alterations (whether consented to be $3,560.00 annuallyor performed by Landlord or not) adversely affect Premises heating or cooling, Lessor owns Landlord reserves the right to install supplementary climate control equipment and/or rebalance and the cost thereof, including operation and maintenance shall be responsible for all maintenance and repair of the cooling tower and chemicals needed paid by Tenant to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsLandlord upon demand by Landlord.
Appears in 1 contract
Services and Utilities. A. Lessor covenants Provided that it willTenant is not in material monetary default hereunder, during the normal business hours for the Building (8:00 A.M. Landlord agrees to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator serviceduring generally recognized business days, and during hours determined by Landlord 7:00 a.m. to 6:00 p.m. Monday through Friday in its sole discretion, and subject to the Rules and Regulations of the Building or Project, electricity for normal desk top office equipment and normal copying equipment equipment consistent With Tenant’s current use of the Premises, and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupancy of the Premises. Landlord shall maintain adequate HVAC in Premises at or around 74 degrees Fahrenheit in summer and at around 68 degrees Fahrenheit in winter for standard Office use. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and Tenant shall pay Landlord’s charges therefor on demand following rendition of an invoice, but not to exceed $50.00 per hour per floor in the multi-tenant (South) building. In the single tenant (North) building, any after hours electricity and HVAC cost incurred as a result of Tenant’s after hours use shall be billed at Landlord’s actual cost to the Tenant in the form of excess operating expenses for that building. Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the Rent be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, seasonal air conditioning and heatinggas or any other form of energy serving the Premises, and water for lavatory purposesBuilding or Project. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor Landlord shall not be liable under any circumstances for temporary a loss of or injury to property or business, however occurring, through or in connection with or incidental to failure to furnish any such services. If Tenant uses heat generating machines or equipment in the Premises which affect the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of servicesinstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. If Landlord shall fail adequately to provide any service (including, without limitation, heat, ventilation, cooling, electric running water and supplies in washrooms, access to and egress from the Premises, and same shall not be deemed heat, lighting and janitorial service to constitute an actual the Premises and common areas), make any repair or constructive eviction, nor entitle Lessee to otherwise breach any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay , then, without waiving any rights or remedies available to LessorTenant at law or equity, Tenant may upon ten (10) days’ notice to Landlord remediate such remedy or directly to the utility provider if requested by Lessorbreach, all costs of providing any utility services, including, including without limitation, gas, electricity, water, cable televisionpaying outstanding real estate taxes and utilities on the Building, and deduct the reasonable and necessary costs thereof from rent and additional rent payable by Tenant hereunder. Tenant shall not, without the written consent of Landlord, not to be unreasonably withheld, use any other apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as reasonably determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as reasonably determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electrical current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand for all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional actual expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord’s right to require at any time separate metering of utilities applicable furnished to the Premises. In the event that any utility to the Premises shall not be utilities are separately metered, Lessor Tenant shall apportion pay promptly upon demand for all utilities consumed at utility rates charged by the cost of such local public utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet plus any additional actual expense incurred by Landlord in keeping account of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretionutilities so consumed. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and Tenant shall be responsible for all the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the cooling tower and chemicals needed to maintain the system while the Lessee area. Janitorial services shall be responsible contracted for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited pursuant to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric specifications acceptable to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsTenant.
Appears in 1 contract
Sources: Office Building Lease (Realogy Corp)
Services and Utilities. A. Lessor covenants that it will(a) The Landlord shall furnish to the Premises, during the normal business hours for the Building (8:00 period from 6:00 A.M. to 6:00 P.M.P.M. on business days Monday through Friday, Mondays through Fridaysexcepting federal and state holidays, inclusive, holidays excepted) furnish and subject to the Premises elevator Rules and Regulations of the Building and to federal, state and local codes and directives of governmental agencies or the public utility company furnishing the service, electricityor as otherwise determined by the Landlord, seasonal air conditioning the following: (i) electricity for lighting and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service power suitable for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours use of the BuildingPremises for general office purposes, which shall be available at all times; provided, however, that Tenant shall not at any time have a connected electrical load for lighting purposes in excess of one (1) watt per square foot of net rentable area of the Premises as determined from time to time by LessorLandlord or a connected load for all other power requirements in excess of two (2) ▇▇▇▇▇ per square foot of net rentable area of the Premises as determined by Landlord, and the costs of any modification to any building utility or service system necessary to accommodate electricity so provided for lighting and power shall not exceed such limits; (ii) heat and air conditioning required in the Lessee. Notwithstanding Landlord's judgment for the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system comfortable use and occupancy of the Building on behalf Premises for such purposes; (iii) water for restroom and drinking purposes; (iv) elevator service by nonattended automatic elevators for general office pedestrian usage, which shall be available at all times; and (v) janitorial services limited to emptying and removal of Lessee. Lessor general office refuse, light vacuuming of floors as needed and window washing as determined by the Landlord.
(b) The Landlord shall not be liable for temporary any loss or damage suffered by the Tenant or others by reason of the Landlord's failure to furnish any of servicesthe services or utilities referred to in paragraph 18 (a) when such failure is caused by acts of God, accidents, breakage, repairs, strikes, lockouts or other labor disputes, the making of repairs, alterations or improvements to the Premises or the Building, the inability to obtain an adequate supply of fuel, water, electricity, labor or other supplies for any other condition beyond the Landlord's reasonable control including, without limitation, any governmental energy conservation program, and same any such failure shall not constitute or be construed as a constructive or other eviction of the Tenant. If Tenant's access to the Premises or use thereof is prevented for more than five (5) working days as a result of any of the above occurrences, then the Rent shall ▇▇▇▇▇ beginning upon the 6th working day until Tenant's access to the Premises is restored. The Landlord shall not be deemed liable under any circumstances for loss of business or injury to constitute an actual property however occurring, through or constructive evictionin connection with or incidental to failure to furnish any of the services or utilities referred to in paragraph 18(a). In the event any governmental entity promulgates or revises any statute, nor ordinance or building, fire or other code, or establishes mandatory or voluntary controls or guidelines applicable to the Property or the Premises or any part thereof or appurtenances thereto, relating to the use or conservation of energy, water, gas, light or electricity, or the reduction of automobile or other emissions, or the provision of any other utility or service provided with respect to this Lease, or in the event the Landlord is required or elects to make alterations to the Building or any other part of the Property in order to comply with such mandatory or voluntary controls or guidelines, or make such alterations to the Building or any other part or said property related thereto, such compliance and the making of such alterations shall in no event entitle Lessee the Tenant to any abatement damages, relieve the Tenant of the obligation to pay the full monthly Rent reserved hereunder, or diminution in rent payable under this Leaseconstitute or be construed as a constructive or other eviction of the Tenant. Lessor Landlord shall not be obligated to provide or maintain any security patrol or security system. Should Landlord elect to provide such patrol or system, Landlord shall not be responsible for the quality of any such patrol or system which may be provided hereunder, or for damage or injury to Tenant, its employees, invitees or others due to failure, action or inaction of such patrol or system.
(c) Without the prior written consent of the Landlord, which consent may not be unreasonably withheld, the Tenant will not use any apparatus or device in the Premises (including, without limitation, air conditioning equipment, condenser pumps and condenser water, electronic data processing machines, punch card machines, CRT (cathode ray tubes) and related equipment, supplementary heating equipment, coffee makers, microwave ovens, fans or copy machines) which will in any way cause the amount of electricity, water, heating, air conditioning or ventilation furnished to the Premises to exceed the amount thereof required for use of the Premises for general office purposes or to exceed any limits established in paragraph 18(a), or connect with electric current (except through existing outlets in the Premises) or water pipes any apparatus or device for the purpose of using electric current or water. Landlord acknowledges that Tenant's electrical requirement for the Premises will exceed the amounts set forth in paragraph 18(a). Tenant agrees to either (a) meter and ▇▇▇▇ Landlord for up to 3 ▇▇▇▇▇ per square foot, or (b) pay to Landlord any electrical cost above 3 ▇▇▇▇▇ per square foot to be calculated based on Tenant's current average consumption and use basis. Landlord and Tenant agree to visit each other after three (3) months to discuss Tenant's electrical usage if any major change in electrical usage occurs.
(d) The Tenant shall pay for all services and utilities not required to furnish such services be furnished by the Landlord pursuant to Lessee so long paragraph 18 (a). If the Tenant shall require water, heat, air conditioning, electric current, elevator or janitorial service in excess of that required to be furnished by the Landlord as Lessee is specified in default paragraph 18(a), the Tenant must first obtain the written consent of the Landlord to the use thereof, which the Landlord cannot unreasonably withhold. If the Landlord consents to an excess use of electriccurrent or water, the Landlord, at its obligations under election, may cause an electric current or water meter (including, without limitation, any additional wiring, conduit or panel required therefor) to be installed in the Premises in order to measure the amount of excess electric current or water consumed by the Tenant. The Tenant agrees to pay to the Landlord upon demand, in addition to the amounts set forth in paragraphs 5.1 through 5.4 of this Lease, the following: the cost of any and all water, heat, air conditioning, electric current, janitorial, elevator or other services or utilities required by and furnished to the Tenant in excess of the services and utilities required to be furnished by the Landlord as provided in paragraph 18(a); the cost of any meter installed in the Premises and the cost of the installation, maintenance and repair thereof; and any cost incurred by the Landlord in keeping account of or determining such excess utilities or services furnished to the Tenant. The cost of the foregoing shall be determined by methods (which may or may not include installation of separate meters as allowed above) and in accordance with rates not in excess of that charged by the applicable utility company.
B. Lessee shall pay (e) The Landlord makes no representation with respect to Lessorthe adequacy or fitness of the heating, air conditioning or ventilation equipment in the Building to maintain temperatures which may be required for, or directly because of, any equipment of the Tenant other than normal fractional horsepower office equipment, and the Landlord shall have no liability for loss or damage suffered by the Tenant or others in connection therewith. If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation systems is affected as a result of (i) any lights, machines or equipment (including, without limitation, electronic data processing machines) used by the Tenant in the Premises, (ii) the occupancy of the Premises by more than one person per one hundred (100) square feet of net rentable area therein or (iii) an electrical load for lighting and power in excess of that required for general office purposes, the Landlord shall have the right to install any machinery and equipment which the utility provider if requested by Lessor, all costs of providing any utility servicesLandlord deems reasonably necessary to restore temperature balance, including, without limitation, gas, electricity, water, cable televisionmodification to the standard air conditioning equipment, and the cost thereof including, without limitation, the cost of installation and any other utilities applicable additional cost of operation, maintenance or repair incurred thereby, shall be paid by the Tenant to the PremisesLandlord upon demand. In the event that any utility Prior to the Premises commencement of such work, Landlord shall submit the cost estimate to Tenant and Tenant shall have the right to approve such estimate and any amendments thereto. Tenant's approval shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Leaseunreasonably withheld.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract
Sources: Lease (Genesys Telecommunications Laboratories Inc)
Services and Utilities. A. Lessor covenants that it willAs of the Commencement Date, during the normal business hours for the Building (8:00 A.M. to 6:00 P.M., Mondays through Fridays, inclusive, holidays excepted) furnish to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee Tenant shall pay unto Lessorpromptly pay, as additional rentthe same become due, all costs incurred by Lessor in providing any building services charges for Lessee at times other than the normal operating hours of the Building, as determined from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs of providing any utility services, including, without limitationwater, gas, electricity, watertelephone, cable televisionsewer service, waste pick-up and any other utilities applicable utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Term, including without limitation, (i) meter, use and/or connection fees, hook-up fees, or standby fees (excluding any connection fees or hook-up fees which relate to making the existing electrical, gas, water and sewer service available to the Premises as of the Commencement Date), and (ii) penalties for discontinued interrupted service. If any utility service is not separately metered to the Premises. In the event that any utility to the Premises , then Tenant shall not be separately metered, Lessor shall apportion pay its pro rata share of the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to the Rentable Square Feet of the areas of the Building service with all others served by the utilityservice not separately metered. However, if Landlord reasonably determines that Tenant is using a disproportionate amount of any utility service not separately metered, then Landlord at its election may (i) or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthlyperiodically charge Tenant, as additional rentAdditional Rent, Lesseea sum equal to Landlord’s portion reasonable estimate of the cost of Tenant’s excess use of such utilityutility service, within three or (3ii) days install, at Tenant’s expense, a separate meter to measure the utility service supplied to the Premises. Any interruption or cessation of receipt utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of a statement from Lessor therefor. In no event any area of the Project shall Lessor be not render Landlord liable for an damages to either person or property or for interruption or failure in the supplyloss to Tenant’s business, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute nor be construed as an actual or constructive eviction of LesseeTenant, nor entitle Lessee to any work an abatement of any Rent under this Lease.
C. Lessee covenants and agrees portion of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof; provided, however, in the event that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building Landlord’s negligent acts or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling omissions causes an interruption of the premises not utilized by any other occupant of Project services causes the Building. Which costs are estimated Premises to be $3,560.00 annuallyuntenantable for a period of at least ten (10) consecutive business days, Lessor owns and monthly Rent shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsthereafter abated proportionately.
Appears in 1 contract
Sources: Sublease (Vitria Technology Inc)
Services and Utilities. A. Lessor covenants that it will(a) Subject to all the terms and provisions of this Agreement, the Port Authority will furnish without additional charge to the Lessee the following:
(1) Heat, ventilation and air cooling to maintain in the premises an even and comfortable working temperature during the normal business hours for hours;
(2) To the Building (8:00 A.M. to 6:00 P.M.extent that the Lessee's consumption does not exceed the capacity of feeders, Mondays through Fridays, inclusive, holidays excepted) furnish to risers or wiring in the Premises elevator servicepremises or Facility, electricity, seasonal air conditioning during normal business hours, in reasonable quantities solely for illumination, by which is meant the energizing of fluorescent and heatingincandescent bulbs (to be supplied, paid for and installed by the Lessee), and water for lavatory purposes. Additionally, Lessor will provide janitorial service for the Premises operation of such machines and Building Common Areas equipment as the Port Authority may consent to in advance; and
(b) Unless the premises contain toilet and washroom facilities, the Port Authority shall, without additional charge, furnish non-exclusive toilet and washroom facilities for the employees of the Lessee.
(c) The Port Authority will cause supply services in the Building Common Areas premises as described in Schedule B attached hereto and hereby made a part hereof.
(d) If the Lessee, in accordance with the Section of this Agreement entitled "Construction by the Lessee" or otherwise, erects any partitions or makes any improvements which stop, hinder, obstruct or interfere with the cooling of the air or the heating of the premises, or if the Lessee shall fail to close and keep closed the window coverings when the sun is shining on the windows of the premises, then no such action by the Lessee shall impose any obligations on the Port Authority to install facilities, fixtures or equipment for air-cooling or for heating additional to those existing or presently contemplated or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall not in any such event be relieved of any of its obligation hereunder because a comfortable temperature is not maintained. No consent given by the Port Authority to the erection of partitions or the making of any improvements shall be or be deemed to be cleaned a representation that the work consented to will not stop, hinder, obstruct or interfere with either the cooling of the air or heating of the premises or any portion thereof. It is hereby understood further that the installation by the Lessee of any equipment which itself requires air cooling or which requires additional quantities of air cooling at the portion of the premises where such equipment is installed, or the concentration in any portion of the premises of such a number of people so as to require additional quantities of air cooling, shall not impose any obligation on the Port Authority to install facilities, fixtures and generally maintained. equipment for air cooling additional to those initially existing, or to increase the capacity or output of initially existing facilities, equipment or fixtures and the Lessee shall pay unto Lessornot in any event be relieved of any of its obligations hereunder.
(e) The Lessee shall keep closed all entrance doors and all windows in the premises except that doors may be opened when required for ingress or egress. The Lessee shall not otherwise waste or dissipate the air cooling or heating services. Without otherwise affecting the Port Authority's rights or remedies in the event of any breach by the Lessee of its obligations under this Agreement, as additional rent, all costs incurred by Lessor in providing the Port Authority shall have the right to discontinue or reduce the said heating or air-cooling service during any building services for Lessee at times other than the normal operating hours period of such waste or dissipation and any failure of the BuildingPort Authority to supply any such service under such condition shall not affect any of the Lessee's obligations under this Agreement.
(f) If any federal, as determined state, municipal or other governmental body, authority or agency or any public utility assesses, levies, imposes, makes or increases any charge, fee or rent on the Port Authority for any service, system or utility now or in the future supplied to or available to the premises or to any occupants or users thereof or to the structure or building of which the premises form a part (including but not limited to any sewer rent or charge for the use of sewer systems), the Lessee shall, at the option of the Port Authority exercised at any time and from time to time by Lessor, and the costs of any modification notice to any building utility or service system necessary to accommodate the Lessee. Notwithstanding , pay, in accordance with said notice, such charge, fee or rent or increase thereof (or the aforesaidportion thereof allocated by the Port Authority to the premises or the Lessee's operations hereunder) either directly to the governmental body, Lessor shall in no manner be required authority or agency or to make any alteration to any service or the public utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Lease.
B. Lessee shall pay to Lessor, or directly to the utility provider if requested by Lessor, all costs Port Authority.
(g) The Port Authority shall have the right to discontinue temporarily the supply of providing any utility services, including, without limitation, gas, electricity, water, cable television, and any other utilities applicable to the Premises. In the event that any utility to the Premises shall not be separately metered, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet of the Premises as to above services when necessary or desirable in the Rentable Square Feet opinion of the areas of the Building served by the utility) Port Authority in order to make any repairs, alterations, changes or based upon the intensity of use by Lessee, such basis to be determined by Lessor in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure improvements in the supply, quality premises or quantity of any utilities within elsewhere in the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this Lease.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system Facility including but not limited to all systems for the packaged units located supply of services.
(h) No failure, delay, interruption or reduction in any service or services shall be or shall be construed to be an eviction of the Lessee, shall be grounds for any diminution or abatement of the rentals payable hereunder, or shall constitute grounds for any claim by the Lessee for damages, consequential or otherwise, unless due to the negligent acts of the Port Authority, its employees or agents. The Lessee shall not be entitled to receive any service or services during any period during which the Lessee shall be in default under any of the provisions of this Agreement.
(i) The Port Authority shall be under no obligation to supply any service or services if and to the extent and during any period that the supplying of any such service or services or the use of any component necessary therefor shall be prohibited or rationed by any federal, state or municipal law, rule, regulation, requirement, order or direction and if the Port Authority deems it in the lab area. public interest to comply therewith, even though such law, rule, regulation, requirement, order or direction may not be mandatory on the Port Authority as a public agency.
(j) The Port Authority shall have no obligations or responsibility with respect to the performance of any services or providing, supplying or furnishing to the Lessee shall also have the electrical meter account supplying electric to of any utilities or services whatsoever except as expressly provided in this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security depositsSection.
Appears in 1 contract
Sources: Lease Agreement (Financial Services Acquisition Corp /De/)
Services and Utilities. A. Lessor covenants that it will13.1 The Building is at all times subject to the exclusive control, during management and operation of Landlord. Subject to the normal business hours terms and provisions of this Lease, Landlord has the right with respect to such control, management and operation to:
i. obstruct or close off all or any part of the Property for the Building (8:00 A.M. to 6:00 P.M.purpose of maintenance, Mondays through Fridaysrepair or construction, inclusive, holidays excepted) furnish provided that Tenant's use of or access to the Premises elevator service, electricity, seasonal air conditioning and heating, and water for lavatory purposesis not unreasonably impaired thereby;
ii. Additionally, Lessor will provide janitorial service employ all personnel necessary for the Premises operation and Building Common Areas and will cause the Building Common Areas to be cleaned and generally maintained. Lessee shall pay unto Lessor, as additional rent, all costs incurred by Lessor in providing any building services for Lessee at times other than the normal operating hours management of the Building, either directly or through an experienced third party property management company and, in connection therewith, Landlord shall maintain adequate personnel at the Building twenty-four (24) hours per day, seven (7) days per week;
iii. construct other improvements and make alterations, additions, subtractions or re-arrangements, construct facilities adjoining or proximate to the Building, including underground tunnels and pedestrian walkways and overpasses, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not impaired thereby;
iv. do and perform such other acts in and to the Building and, in connection with performing any maintenance or repair obligations of Landlord, in and to the Premises and to have access thereto, as, in the use of good business judgment, Landlord determines to be advisable for the more efficient and proper operation of the Building and Premises, provided that Tenant's use of, normal operations in or access to, the Premises in accordance with the Permitted Uses is not unreasonably impaired thereby; and
v. reasonably control, supervise and regulate the parking areas in such manner as determined the Landlord determines from time to time by Lessor, and the costs of any modification to any building utility or service system necessary to accommodate the Lessee. Notwithstanding the aforesaid, Lessor shall in no manner be required to make any alteration to any service or utility system of the Building on behalf of Lessee. Lessor shall not be liable for temporary failure of services, and same shall not be deemed to constitute an actual or constructive eviction, nor entitle Lessee to any abatement or diminution in rent payable under this Lease. Lessor shall not be required to furnish such services to Lessee so long as Lessee is in default of its obligations under this Leasetime.
B. Lessee 13.2 During the Term, the Landlord shall pay to Lessorprovide, or directly cause to be provided, to the utility provider if requested by LessorPremises, all costs of providing any utility servicesthe following services and utilities upon the terms and subject to the conditions set out in this Article XIII and in Exhibit F attached hereto:
i. the heating, ventilation and air conditioning (“HVAC”), including, without limitation, gassufficient CRAH power (“CRAH Power”) and chiller plant power (“Chiller Plant Power”), electricityfor the Premises shall be provided at all times in order to maintain the Environmental Conditions (as hereinafter defined), including maintaining a temperature adequate for normal occupancy in accordance with the Permitted Uses, including heat rejection equipment capable of handling 2.4 megawatts of Critical Load Power in each of ▇▇▇ ▇, ▇▇▇ ▇, ▇▇▇ ▇▇ and Pod 11 and 1.0833 megawatts of Critical Load Power in ▇▇▇ ▇▇, subject to the provisions of Section 1.1 hereof;
ii. water, cable televisiongas and fuel in amounts no less than the amounts customarily provided by the owners of similarly-sized, first class data centers, as installed in the Building and any other utilities applicable Premises;
iii. PDUs sufficient to support 2.4 megawatts of Critical Load Power to each of ▇▇▇ ▇, ▇▇▇ ▇, ▇▇▇ ▇▇ and Pod 11 and 1.0833 megawatts of Critical Load Power to ▇▇▇ ▇▇, subject to the Premisesprovisions of Section 1.1 hereof;
iv. In the event Telecommunications Conduits exclusively serving the Pods of the Premises and the Feeder Conduits shall be provided to Tenant as set forth in Section 11.3 above; provided, however, that any utility Tenant may, pursuant to said Section 11.3, utilize one (1) or more Approved Fiber Providers for the connection of new fiber lines from and through each of the Telecommunications Duct Banks to the Building and into the POEs;
v. security for the Building in accordance with Article V hereof; and
vi. loading dock facilities convenient to the Premises shall not twenty-four (24) hours a day, seven (7) days a week. Landlord represents, warrants and covenants to Tenant that, commencing on each Lease Commencement Date and throughout the Lease Term, (I) Critical Load Power up to the Stage 1 Maximum Load Limit, the Stage 2 Maximum Load Limit and the Maximum Load Limit, as applicable, will be separately meteredavailable to the Stage 1 Pod, Lessor shall apportion the cost of such utility among the various lessees served thereby on either a square footage basis (based upon the proportion of Rentable Square Feet Stage 2 Pods and all Pods of the Premises Premises, as applicable, (II) the Stage 1 Pod, the Stage 2 Pods and the Stage 3 Pods, as applicable, shall be provided with a dedicated back-up system for such Critical Load Power, including UPS and Engine Generators and (III) all Building infrastructure shall be operational in accordance with industry standards and procedures for first-class data centers, accounting for, among other things, repairs, scheduled maintenance and emergency situations. Landlord further represents and warrants that the critical electrical systems of ACC6 Phase I and ACC6 Phase II are each designed in an isolated parallel 10N + 2R configuration with 13.0 megawatts of Critical Load Power over the raised floor space to each of ACC6 Phase I and ACC6 Phase II, thus 9.7501 megawatts of Critical Load Power with N+2R redundancy, shall be available to the Rentable Square Feet of the areas of the Building served by the utility) or based upon the intensity of use by Lessee, such basis to be determined by Lessor Premises when all infrastructure is operational as provided herein above. [*****]. The Building's critical mechanical systems are designed in its sole discretion. In the event of such apportionment, Lessee shall pay to Lessor monthly, as additional rent, Lessee’s portion of the cost of such utility, within three (3) days of receipt of a statement from Lessor therefor. In no event shall Lessor be liable for an interruption or failure in the supply, quality or quantity of any utilities within the Premises or Building, and same shall in no manner constitute an actual or constructive eviction of Lessee, nor entitle Lessee to any abatement of any Rent under this LeaseN+2 configuration.
C. Lessee covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the Building or the Building risers or wiring installation. Lessee agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Lessor’s prior written consent.
D. Lessee shall reimburse to Lessor all costs of service contracts for maintaining the roof top cooling tower, pumps, feeders, chemicals and any and all other equipment associated with the additional cooling of the premises not utilized by any other occupant of the Building. Which costs are estimated to be $3,560.00 annually, Lessor owns and shall be responsible for all maintenance and repair of the cooling tower and chemicals needed to maintain the system while the Lessee shall be responsible for any and all costs for such repairs and maintenance of the roof top cooling tower, pumps, feeders, chemicals in which cost shall not exceed $10,000 annually including the estimated maintenance contract. Lessee shall be responsible for any and all other equipment associated with this system including but not limited to the packaged units located in the lab area. Lessee shall also have the electrical meter account supplying electric to this system and other parts of the premises put in the Lessee’s name and shall be responsible for any costs including but not limited to usage and security deposits.
Appears in 1 contract