Common use of Services and Utilities Clause in Contracts

Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.

Appears in 3 contracts

Samples: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)

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Services and Utilities. As long Landlord shall furnish all normal services and utilities such as elevator service, lighting replacement for building standard lights, restroom supplies, window washing, janitorial services, heating, ventilation and air conditioning (“HVAC”) maintenance, landscape maintenance, parking lot sweeping, pest control services, and fire alarm monitoring (if installed and required) in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall also provide water, sewer, electric, gas and trash removal services to the building as required. Provided that Tenant is not in default under any hereunder, Landlord agrees to furnish to the Premises at all times , electricity for normal desk top office equipment, .normal copying equipment, technical equipment, and “HVAC” as is reasonably required for the comfortable use and occupancy of the provisions of this LeasePremises. The normally recognized business hours for the Building are as follows: 7:00 am to 6:00 pm Monday through Friday (except Holidays), Landlord shall maintain and 8:00 am to 1:00 p.m. on Saturdays. If Tenant desires HVAC and/or electricity at any other time, Tenant may override the Premises and the public and common areas HVAC and/or electricity system for additional heating, cooling or electricity outside of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage normal business hours. Such additional HVAC and/or electricity usage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioningelectronically monitored, and elevator service during ordinary business hoursTenant shall pay Landlord’s direct charges therefore on demand. Landlord shall also provide light replacement service 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-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project, which has been imposed upon the Landlord. Landlord shall not be liable except where Landlord is found to Tenant be grossly negligent for any a loss of or damage caused by injury to property or resulting from any variationbusiness, interruptionhowever occurring, through or in connection with or incidental to failure to furnish any such services due to any cause whatsoeverservices. No temporary interruption If Tenant uses heat generating machines or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any 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 installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Should Tenant consume water or electric current in excess of that generates more than usually furnished or supplied for the use of premises as general office space Landlord may have installed a minimum water meter or electrical current meter in the Premises to measure the amount of heatwater or electric current consumed. The cost of any such meter and 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. 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 an electrical engineer hired jointly by Landlord and Tenant and at Tenant’s expense. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall obtain pay promptly upon demand for all utilities consumed at utility rates charged by the written permission of Landlord, and local public utility plus any additional expense incurred by Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system in keeping account of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless utilities so stated hereinconsumed. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property be responsible for the maintenance and repair of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of any such paymentmeters at its sole cost.

Appears in 3 contracts

Samples: Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.), Office Lease (Arcadia Biosciences, Inc.)

Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the hours between 8:00 a.m. and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default under any hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the provisions Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of this Leaseseventy-five dollars ($75.00) per hour of additional usage subject to change, based on Landlords costs to provide such services; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only and elevator services Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used, within the Premises. Upon Tenant’s request, Landlord shall replace light bulbs and ballasts in the Premises, and Tenant shall pay Landlord for the cost of such light bulbs and ballasts plus Landlord’s reasonable administrative and labor costs associated with light bulb and ballast replacement. During normal business hours on generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other 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 therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35 hereof. Tenant shall be entitled through the transmission facilities installed in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises and the public and common areas of the Building, in such reasonable quantity as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by sufficient to meet Tenant. Landlord shall furnish the Premises with electricity ’s ordinary business needs for lighting and the operation of low-power-usage office its ordinary business machines, heat and normal air conditioningincluding without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and elevator service computer and data processing equipment. Tenant shall pay to Landlord from and after the Commencement Date, as Additional Rent in accordance with Section 6.1., a sum to reimburse Landlord for all electricity used by Tenant to power the lights and electricity outlets located in the Premises (the Tenant Electric Amount). The Tenant Electric Amount shall be based on a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord with respect to such parties reasonable estimate of Tenant’s usage. The Tenant Electric Amount shall be adjusted from time to time during ordinary business hoursthe Term if (i) there is an increase in electric energy rates, (ii) Tenant installs additional fixtures, appliances or equipment, with or without Landlord’s consent, or (iii) Tenant otherwise uses a disproportionate or increased amount of electric energy, as determined by a separate meter survey conducted by a licensed independent electrical engineer selected by Landlord. Periodically, Landlord shall conduct an energy usage survey by a qualified energy surveyor. The cost of any and all such surveys shall be paid by Landlord, unless requested by Tenant, in which event, Tenant shall pay for such cost within twenty (20) days after Landlord’s demand. Notwithstanding anything to the contrary contained herein, Landlord may, at its option, at any time during the Term, arrange to have electric usage directly metered or submetered to the Premises, in which event Tenant will pay the utility company (or Landlord in the event of submetering without any profit or xxxx-up to Landlord) for such usage. Landlord may choose, in Landlord’s reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Project, and, in such event, Tenant shall pay for electric current 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 shall be measured in a consistent, commercially reasonable manner 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 contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall also provide light replacement service not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall 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, or (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-furnished lighting, toilet room suppliesor by the making of necessary repairs or improvements to the Premises, window washing at reasonable intervalsBuilding or Project, and customary building janitorial serviceor (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant for any loss is granted the right to purchase electricity from a provider other than the company or damage 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 Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by or Landlord in the 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 the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure time separate metering of such services incident utilities furnished to the making Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of repairsany such meter and its installation, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control maintenance and repair shall be deemed an eviction of paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses machines or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment that generates excessive heat in the Premises that generates more than a minimum amount of heataffects the temperature otherwise maintained by the HVAC system, Tenant shall obtain Landlord reserves the written permission of Landlord, and Landlord may refuse right to grant such permission if the amount of heat generated would place an undue burden on the install supplementary air conditioning system of the Building. If Tenant uses any high-power-usage equipment units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the installation, operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty (30) days of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentdemand therefor.

Appears in 3 contracts

Samples: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)

Services and Utilities. As long 14.1 Landlord shall manage and operate (or cause to be managed and operated) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as Tenant is not required in default under any Landlord’s reasonable judgment; janitorial service to the office portions of the provisions Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of this Leaseany kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) xxxxx per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall maintain provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission request of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in requires air conditioning or heat beyond the PremisesBuilding Hours, then Landlord will furnish the same provided Tenant shall in advance, on the first day of each month during the least term, pay gives Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation one business day’s advance notice of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinrequirement. Tenant shall pay prior for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to delinquency all personal property taxes payable adjustment at any time and from time to time without notice, with respect a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to all property of Tenant located on any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide promptlya card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, upon request except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, written proof of such paymentbe required to sign in and out.

Appears in 2 contracts

Samples: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)

Services and Utilities. As long 13.1 Landlord shall provide the Premises with services meeting or exceeding the specifications set forth on Exhibit F attached hereto. Except as otherwise provided in Exhibit F, Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area: (a) hot and cold water suitable for the normal office use of Tenant; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours (it being understood that, to the extent necessary, Landlord shall activate such heat and air conditioning systems at no additional cost to Tenant in advance of Building Business Hours so that the Premises is maintained at comfortable temperatures during Building Business Hours in a manner consistent with a similar class of office building as the Building in the Bedford, Massachusetts market area); (c) elevator service by nonattended automatic elevators; and (d) equipment suitable to bring to the Premises electricity for lighting, convenience outlets and other Permitted Uses of Tenant. Landlord agrees to furnish cleaning and janitorial service after Building Business Hours on generally recognized business days (but exclusive in any event of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Subject to Section 13.1.1. below, to the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within thirty (30) days of Landlord’s demand, for all electricity used by Tenant in default under any of the Premises as measured by a submeter, including, all electricity for lights and plugs. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Landlord will include electricity costs to operate the HVAC system in Expenses. Notwithstanding the terms and provisions of this LeaseArticle 13, if, for more than three (3) consecutive business days following written notice from Tenant to Landlord, Landlord shall maintain fail to commence and diligently pursue to completion the Premises restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the public and common areas restoration of the Building, any such as lobbies, stairs, corridors and restrooms, utility or other service is within Landlord’s reasonable control (subject in reasonably good order and condition except for damage occasioned all cases to delays caused by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioningForce Majeure), and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord as a result of such failure (i) Tenant shall not be liable reasonably able to Tenant for any loss or damage caused by or resulting from any variation, interruptionuse and occupy, or failure to such services due have access to, the Premises, or a material portion of the Premises, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to any cause whatsoever. No temporary interruption be taken by Tenant in order to do so, and (ii) Tenant does not use or failure occupy the same during said period, then the obligation of such services incident Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the making portion of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than Tenant is unable to use as a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation result of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include failure until the date immediately following the day on which Landlord has commenced and diligently pursued the restoration of any amount to cover such utility or other service (Landlord agreeing that it shall diligently pursue the cost restoration of furnishing electricity for any such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises utility or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentother service until restored).

Appears in 2 contracts

Samples: Lease (ConforMIS Inc), Lease (ConforMIS Inc)

Services and Utilities. As long The Lessor agrees to provide and maintain (a) heat and air conditioning in the common core area only, Monday through Friday, during normal business hours (7:00 A.M. to 6:00 P.M.) and Saturday from 8:00 A.M. to 12:00 P.M., and at such other times as Tenant is not Lessor in default under any its reasonable discretion deems necessary for normal office occupancy and for the comfort of Lessees and occupants of the provisions of this Lease, Landlord shall maintain Project; (b) cold water for toilet and lavatory purposes only within the Premises and common core areas only; (c) custodial services in the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned core area only at a level determined by the act or omission of Tenant, Lessor; and (d) trash removal services at the repair of Project on a regularly scheduled basis; Lessee must remove all trash to the dumpster - such trash to be limited to normal office trash and items like large empty boxes (which damage shall must be paid for by Tenantbroken down). Landlord shall furnish Note: Trash generated from the Premises with electricity for lighting and initial move in to the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord facility shall not be liable placed in the dumpster. Lessee must make arrangements to Tenant for any loss or damage caused by or have this trash otherwise removed. Lessee agrees to exercise due care and prudence in the use of utilities at all times, and to comply with all Federal, State and Local guidelines concerning same. In the event Lessor incurs electrical costs resulting from any variationLessee’s use of the Leased Premises during periods other than normal business hours, interruption, or failure Lessee agrees to such services due to any cause whatsoever. No temporary interruption or failure reimburse Lessor for that portion of such services incident the costs which are attributable to the making of repairs, alterations, or improvements, or due additional use. Lessor shall submit to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in Lessee a statement itemizing the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlordadditional use and cost thereof, and Landlord may refuse Lessee shall pay such sums to grant such permission if Lessor with the amount next due rental payment. Lessor in furnishing the foregoing services does not contemplate occupancy involving extraordinary consumption or generation of heat generated would place an undue burden on affecting temperatures otherwise normally maintained by the air conditioning system system. The “Property” where the Leased Premises are located has one (1) master electric meter. The Leased Premises shall have a sub-meter to measure the electric consumption of the BuildingLessee for the purpose of allocating costs billed to the master meter by JEA and the Lessee shall be billed for its own electrical consumption. If Tenant uses any high-power-usage equipment Lessee shall require water in the Leased Premises, Tenant Lessee will procure prior written approval from Lessor and make arrangements to pay periodically for the direct expense of utilities including electric, water and sewer, and HVAC. Lessee agrees to reimburse Lessor promptly following the rendering of a xxxx to Lessee for any such charges incurred. The Lessor will keep in good condition and reasonable state of repair those portions of the Project consisting of the entrance, lobby, stairways, corridors, elevators, landscaped areas, parking areas, and other facilities from time to time provided for use in common by the Lessees of the building. The Lessor agrees to repair, so far as reasonably feasible, any defects in the standard walls, structural elements, the roof, exterior walls, common core area ceilings, electrical and mechanical installations, plumbing and the like. The Lessor shall in advance, no event be required to make repairs to the leasehold improvements made by the Lessee or made by the Lessor on behalf of the Lessee or to make repairs on the first day reasonable wear and tear within the Leased Premises. The Lessee covenants with the Lessor to repair, maintain and keep at the Lessee’s own cost the improvements made by the Lessee or other property not covered by the Lessor’s obligation to repair including electric, lighting, plumbing, and mechanical (HVAC) systems serving the Leased Premises. The Lessee agrees that the Lessor shall have the right to enter the Leased Premises of each month during the least termLessee at all reasonable times and place to make repairs and/or adjustments to the Leased Premises, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as but not to impose any obligations beyond those specifically set forth herein. Lessee will be responsible for the cost of furnishing electricity replacement of Lessee’s light bulbs in overhead fixtures. The Lessee shall be entitled to the use of the passenger elevators for the operation carrying of such passengers to the various floors. Any uses of the elevators that require the carrying of equipment, furniture, supplies and the like shall be coordinated through the Lessor. The monthly Rent stated in Subsection 1.g hereof does not include any amount Any damage done to cover the cost elevators, doorways, building, etc. as a result of furnishing electricity for such purpose unless so stated herein. Tenant these uses shall pay prior to delinquency all personal property taxes payable with respect to all property be repaired at the expense of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentLessee.

Appears in 1 contract

Samples: Lease Agreement (Jacksonville Bancorp Inc /Fl/)

Services and Utilities. As long as Tenant is not in default under any Landlord's Obligations. Landlord shall be obligated to provide the following services and utilities: (i) maintenance of the provisions Building interior (if any) and exterior Common Areas in a manner comparable to other first class office buildings located in Jacksonville, Florida; (ii) HVAC service to Common Areas only; (iii) landscaping maintenance; (iv) electrical utility service to interior and exterior Common Areas only; (v) pest control service to the Premises and all interior and exterior Common Areas; (vi) janitorial services to interior Common Areas, if any; (vii) window washing and pressure washing of this LeaseBuilding exterior surfaces only; (viii) regular sweeping and maintenance of parking lot. including lighting: (ix) maintenance of elevators, if any, and any other equipment serving the Building or the Project tenants generally; (x) regular removal of typical administrative office trash from the dumpsters or other receptacles located in and around the Project as designated by Landlord shall maintain for Tenant's disposal of such trash; and (xi) security service to the Premises and the public Project, including without limitation the Common Areas and common areas of the Buildingparking facilities, such as lobbiessecurity to be provided by unarmed security guards in stationary locations and/or on mobile patrol during the hours of 6:00 PM to 6:00 AM, stairsMonday through Thursday, corridors and restrooms6:00 PM on Friday through 6:00 AM on Monday, in reasonably good order and condition except for damage occasioned 24-hours per day on all federal, state and local observed holidays. Project security will be provided by the act or omission of Tenant, the repair of which damage shall be paid for by TenantLandlord's Project operation personnel during all other times. Landlord may, at Landlord's reasonable discretion, install cameras, sensors and alarm systems which monitor access points of interior courtyard areas. Tenant's Obligations. Tenant shall, at Tenant's expense, obtain metered electrical power service to the Premises. Tenant shall furnish promptly pay all expenses related to electrical power usage for the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceHVAC equipment serving the Premises. Landlord shall not be liable to Tenant responsible for any loss interruption to Tenant's HVAC system or damage caused by or resulting from any variationelectrical power service, interruption, or failure to such services except as may be due to any cause whatsoever. No temporary interruption negligence or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission willful misconduct of Landlord, its employees, contractors or agents. Tenant shall, at Tenant's expense, provide to the Premises (but not the Common Areas): (a) regular janitorial and Landlord may refuse trash removal services, all trash removed from the Premises to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system be placed in those dumpsters and other receptacles as designated by Landlord; (b) regular periodic cleaning of the Buildingcarpets and other floor coverings as necessary to maintain same in good condition; (c) regular cleaning of the interior surfaces of all windows and walls within the Premises: periodic repainting and replacement of carpet and other floor coverings as necessary to maintain same in good and serviceable condition; and (e) any other service deemed necessary by Tenant in connection with Tenant's use and occupancy of the Premises, other than the services to be provided hereunder by Landlord. If Tenant uses any high-power-usage equipment Should Tenant's permitted use of the Premises generate trash or other waste of a type not normally classified as office trash or in a volume disproportionate to the floor area of the Premises, Tenant shall in advance, reimburse Landlord on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as a monthly basis for the cost of furnishing electricity for any extra removal service or the operation placement and servicing of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinadditional or special dumpsters or other special receptacles. Tenant shall pay prior shall, at Tenant's expense, install, repair and maintain all voice and data communication wiring and equipment necessary or desirable to delinquency all personal property taxes payable with respect to all property Tenant's use of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentPremises.

Appears in 1 contract

Samples: Office Lease Agreement (E Loan Inc)

Services and Utilities. As 13.1 Landlord will furnish to the Premises during the normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the Viable Building Standards: electricity; elevator service; an access-control system for the Building; maintenance of the grounds surrounding the Building, including snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water supply, and furnishing of lavatory supplies; and exterior window-cleaning service. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 4:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system sole tenant of the Building. If Tenant uses requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same. During any highperiod in which the Building is multi-power-usage equipment in the Premisestenanted, Tenant shall give Landlord reasonable advance notice of any required after-hours HVAC service and Tenant shall pay for Tenant requested HVAC service in advanceexcess of sixty-eight (68) hours per week in accordance with Landlord's direct costs for providing such extra service, which shall compensate Landlord for Landlord's actual costs of furnishing such extra service, without markup. Notwithstanding anything contained herein to the contrary, if Tenant's hours of operation exceed four thousand one hundred sixty (4,160) hours in any Lease Year, Tenant shall pay to Landlord, as additional rent hereunder, an amount that would compensate Landlord for the excess wear on those building systems, the useful lives of which are shortened by such excess hours of operation (collectively, the "BUILDING SYSTEMS"), as follows. First, the hourly cost of the Building Systems (the "HOURLY BUILDING SYSTEMS COST") shall be determined by taking the total original cost of the Building Systems and dividing that figure by the product of (i) 4,160, multiplied by (ii) the weighted average of the number of years of useful life of the Building Systems, based upon the expected useful life thereof as stated by the manufacturers thereof or, in the absence of such a determination, based on the expected useful life publicized in the American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) Handbook - HVAC Applications, or similar industry guidelines. The Hourly Building Systems Cost shall be subject to adjustment on the first day of each the second Lease Year and annually thereafter based on annual increases in the Consumer Price Index (as defined in the Phased Development Agreement), as follows. Such adjustment shall be made by subtracting the Consumer Price Index for the month during in which the least termLease Commencement Date falls (the "BEGINNING INDEX") from the Consumer Price Index for the first month of the Lease Year for which the adjustment is being made (the "ADJUSTMENT INDEX") and dividing that figure by the Beginning Index. The amount so determined shall be multiplied by the initial unescalated Hourly Building Systems Cost to arrive at the adjusted Hourly Building Systems Cost for the Lease Year for which the adjustment is being made. The additional rent payable on account of excess wear on the Building Systems for any Lease Year (the "EXCESS OPERATING HOURS RENT") shall be equal to the product of (x) the Hourly Building Systems Cost (as escalated), pay Landlord as Additional Rent multiplied by (y) the reasonable amount estimated by Landlord as number of Tenant's hours of operation in that Lease Year in excess of 4,160. For example, if the original cost of furnishing electricity for the Building Systems were $2,000,000 and the average useful life thereof were ten (10) years, then the Hourly Building Systems Cost would be $48.07 ($2,000,000 / 41,600). If Tenant's hours of operation of such equipmentin the first Lease Year were 4,420, then the excess hours over 4,160 would be 260 hours. The monthly Multiplying 260 by the Hourly Building Systems Cost ($48.07) would result in Excess Operating Hours Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property the first Lease Year equal to $12,498.20. In the same example, if the percentage increase in the Consumer Price Index between the Lease Commencement Date and the first day of Tenant located on the Premises or second Lease Year were three percent (3%), then the Hourly Building Systems Cost for the second Lease Year would be $49.51. If Tenant's hours of operation in the second Lease Year were 4,680, then the excess number of hours (520), multiplied by the escalated Hourly Building Systems Cost ($49.51), would result in Excess Operating Hours Rent payable with respect to the second Lease Year equal to $25,745.20. Landlord shall make a determination as to whether Excess Operating Hours Rent is payable in accordance herewith following the conclusion of each Lease Year and shall provide promptlynotice thereof to Tenant. The amount due from Tenant pursuant to each such notice from Landlord shall be payable within fifty (50) days following demand therefor; provided that, upon request if Tenant disputes Landlord's determination, then the matter shall be submitted to binding arbitration in accordance with Article XXVIII below. Landlord agrees to provide an access control system for the Building that will afford Tenant access to the Premises twenty-four (24) hours per day every day of Landlordthe year. At least one (1) elevator serving the Premises shall be in service at all times. Except as otherwise specified herein, written proof Landlord shall not be required to furnish services and utilities during hours in excess of 68 hours per week unless Tenant agrees to compensate Landlord for the costs of such paymentservices and utilities.

Appears in 1 contract

Samples: Lease Agreement (Manugistics Group Inc)

Services and Utilities. As long as Tenant is not in default under any of 14.1 From and after the provisions of this LeaseLease Commencement Date, Landlord shall maintain will provide to the Premises Premises: air-conditioning and heating during the public and common areas of seasons they are required in Landlord’s reasonable judgment to operate the BuildingBuilding in a first-class manner; janitorial service after 5:30 p.m. on Monday through Friday (or, such as lobbiesat Landlord’s option, stairs, corridors and restrooms, in reasonably good order and condition except Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for customary lighting and the operation of low-power-usage office machines, heat purposes and normal air conditioning, office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting(with at least one (1) elevator in operation at all times, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment except in the Premises that generates more than a minimum amount event of heatan emergency); landscaping, Tenant shall obtain trash removal and snow removal during the written permission of Landlord, seasons they are required; and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Buildingannual exterior window-cleaning service. If Tenant uses any highrequires air-power-usage equipment conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). The cost for overtime HVAC services as of the date of this Lease is $85.00 per hour, per floor. Landlord represents to Tenant that the foregoing overtime hourly rate for HVAC services is consistent with similar rates contained in leases for the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated Building signed by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinduring 2011. Tenant shall pay prior for such extra service in accordance with Landlord’s then-current schedule (including an activation or administrative fee). To the extent Tenant provides or contracts for any services relating to delinquency all personal property taxes payable with respect any Building Structure or System or any service or utility being provided by Landlord to all property of Tenant located on the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility at times other than Building Hours. A reasonable number of access cards or other means of access (not to exceed the Access Card Allotment shall provide promptlybe provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Subject to obtaining Landlord’s prior written approval, upon request which shall not be unreasonably withheld, Tenant shall have the right to install its own security system within the Premises. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, written proof of such paymentbe required to sign in and out. Landlord agrees that it shall comply with current and future ASHRAE standards for the Building air conditioning, heating and ventilation systems.

Appears in 1 contract

Samples: Office Lease Agreement (Savient Pharmaceuticals Inc)

Services and Utilities. As long Landlord shall provide and install a separate electric meter for the Premises and shall distribute sufficient electric capacity to the Premises for normal office equipment, lighting, and HVAC (heating, ventilating and air-conditioning) as required in Landlord's judgement for the intended use and occupancy of the Premises and as customarily furnished at comparable office buildings in the area. Any increase of electric service over that provided by Landlord shall require Landlord's advance written permission and the costs of any such increase of electric service shall be the responsibility of Tenant. Tenant is shall not connect any apparatus employing electric current except through existing outlets and receptacles within the Premises. Landlord shall furnish, to the Premises, water, sewer and elevator ser- vice, and janitorial service, exterior window-washing, HVAC equipment & filter maintenance services as required in default under Landlord's judgement and as customarily furnished at comparable office R & D buildings in the area. Tenant shall not consume any of the provisions above services or utilities in excess of this Lease, that usually furnished and supplied for use of the Premises as general office R & D space (as determined by Landlord) without Landlord's advance written permission (which may be denied) and Landlord may under such circumstances establish a monthly charge for Tenant's excess use or consumption of such services and utilities. Landlord shall maintain and keep lighted the Premises and the public and common areas of the BuildingProject, such as including parking areas, building entries, lobbies, stairscorridors, corridors staircases, and restrooms, in reasonably good order and condition except Landlord shall furnish restroom supplies and lightbulb replacement for damage occasioned by Building Standard (i.e. Landlord installed) light fixtures within the act or omission of Tenant, the repair of which damage shall be paid for by TenantPremises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall 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 or utilities, (ii) failure to furnish or delay in furnishing any such services or utilities where such failure or delay is caused by accident or making of necessary repairs or improvements to the Premises with electricity for lighting and Premises, Building or Project, or (iii) the operation limitation, curtailment or rationing of, or restrictions on, use of low-power-usage office machineswater, heat and normal air conditioningelectricity, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lightinggas or any other form of energy serving the Premises, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceBuilding or Project. Landlord shall not be liable under any circumstances, unless directly attributable to Tenant Landlord's wrongful or negligent acts, for any the loss or damage caused by to Tenant's property or resulting from any variationbusiness, interruption, through or in connection with or incidental to failure to such services due to any cause whatsoever. No temporary interruption furnish or failure delay in the furnishing of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunderthe foregoing services or utilities. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain arrange for the written permission initiation of Landlord, and Landlord may refuse service for any separately metered utilities to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advanceincluding telephone service, on directly with the first day of each month during appropriate utility vendor or supplier, and all billing invoices, security deposits, and any other charges relating to the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation initiation and continued provision of such equipment. The monthly Rent stated separately metered utilities and telephone service shall be the responsibility of and in Subsection 1.g hereof does not include any amount to cover the cost name of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentTenant.

Appears in 1 contract

Samples: Protein Polymer Technologies Inc

Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under this Lease beyond any of applicable notice and cure period, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during 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, the public following services and common areas utilities subject to the reasonable 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 reasonable judgment for the use and occupation of the Premises during Building Business Hours (specified on the Reference Pages) but excluding national and local legal holidays; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use; provided, however, at all times (other than shut downs for repairs), Landlord shall provide elevator service and water in the Building. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within five (5) days of Landlord’s demand, for all electricity used by Tenant in the Premises. Except as otherwise provided in this Lease, electricity costs incurred by Landlord may be included in Expenses. The charge shall be at the rates charged for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act local public utility. In the absence of Landlord’s gross negligence or omission of Tenantwillful misconduct, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and 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 an unreasonable time after written notice of such failure is given to Landlord by Tenant for any loss or damage and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more than a minimum amount furnishing of heat, Tenant shall obtain the written permission of Landlord, services and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.

Appears in 1 contract

Samples: Lease (Tripwire Inc)

Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during 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), the public following services and common areas utilities subject to the rules and regulations of the BuildingBuilding prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s commercially reasonable judgment (and otherwise consistent with other comparable buildings in the downtown office rental area of Seattle, Washington) for the intended use and occupation of the Premises during Building 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 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 as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or omission of Tenantwillful misconduct, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to Tenant furnish any of the foregoing, unless such failure shall persist for any loss or damage an unreasonable time after written notice of such failure is given to Landlord by Xxxxxx and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more than a minimum amount furnishing of heat, Tenant shall obtain the written permission of Landlord, services and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.

Appears in 1 contract

Samples: Lease

Services and Utilities. As long as Tenant is not in default under any of Landlord shall furnish to the Premises, subject to the provisions of this paragraph 5.3 of the Lease, Landlord utilities as specified in Article 9. All utilities, including, without limitation, water, electricity, gas and sewer, shall maintain be available to the Premises and 24 hours per day, every day throughout the public and common areas of the Building, such as lobbies, stairs, corridors and restroomsterm, in reasonably good order and condition except quantities sufficient for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and 's normal air conditioning, and elevator service during ordinary business hoursoperations. Landlord shall also provide light replacement service to Tenant access to the Premises 24 hours per day, every day throughout the term. In the event that Tenant consumes services or utilities in excess of that usually supplied to the Premises for use of the Premises as general office space, as reasonably determined by Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure utilities are not separately metered or otherwise directly paid for by Tenant, then Landlord may under such circumstances establish a monthly pro rata charge for Tenant's excess use or consumption of such services incident and utilities. Notwithstanding any provisions of Article 9 of the Lease to the making contrary, Landlord shall provide natural gas and electricity, including steam generator, vacuum, reverse osmosis/deionized water treatment system, uninterrupted power supply, and emergency generator to the Premises. Landlord, Tenant and Tenant's second floor co-tenant, shall cooperate to establish fair and equitable methods for the proration of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond second floor costs of the natural gas and electricity supplied by Landlord's reasonable control . Such agreed upon methods shall be deemed an eviction in writing and incorporated within the Lease. If no such methods can be agreed upon, the costs of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment such utilities shall be prorated by Landlord on a straight square-footage basis; provided, however, in the Premises event that generates more than said formula does not lead to a minimum amount of heatfair and equitable proration because the second floor tenants do not use electricity or other utilities in proportionally equal amounts, Tenant Landlord shall obtain adjust said formula as necessary to lead to such fair and equitable proration. Any such proration shall be reviewed from time to time so that it accomplishes the written permission of Landlordpurposes intended hereby. In either case, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation prorated costs of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover utilities shall be additional rent due under the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentLease.

Appears in 1 contract

Samples: Protein Polymer Technologies Inc

Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting following services: (a) air conditioning year round and the operation of low-power-usage office machines, heat heating in season (b) janitorial and normal air conditioning, and general cleaning service on Business Days; (c) passenger elevator service during ordinary business hoursto all floors of the Building; and (d) common restroom facilities and necessary lavatory supplies, including hot and cold running water Landlord shall have no obligation to provide any electric utilities or services to the Premises and Tenant shall be solely responsible for and shall promptly pay all charges for electricity used or consumed in the Premises, including all costs associated with the provision of separate meters for the Premises. Landlord shall also provide light replacement have the right to select the Building’s electric service for Landlord-provider and to switch providers at any time. Tenant’s use of electrical, HVAC or other services furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. by Landlord shall not exceed, either in voltage, rated capacity, use, or overall load, that which Landlord deems to be standard for the Building. Tenant shall pay all costs associated with any such additional utility usage, including the installation of separate meters. In no event shall Landlord be liable to Tenant for any loss or damage caused by or damages resulting from any variation, interruption, or the failure to such services due to furnish any cause whatsoever. No temporary service, and any interruption or failure shall in no manner entitle Tenant to any remedies including abatement of such services incident Rent. Tenant acknowledges and agrees that (i) there will be a central heating, ventilation and air conditioning system serving the Project (the “Central HVAC System”), (ii) certain costs and expenses attributable to the making Premises with respect to the Central HVAC System will be separately metered or monitored by Landlord, and (iii) Tenant shall pay, as Additional Rent, on a monthly basis, all separately metered or monitored costs and expenses attributable to the Premises, including, separately metered chiller water use charges with respect to the Central HVAC System, as determined in accordance with Tenant’s use thereof. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of repairsall utilities, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of telephone services and equipment required by Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount use of heatthe Premises. If at any time during the Lease Term the Project has any type of access control system for the Parking Areas or the Building, Tenant shall obtain be provided the written permission initial cards for all occupants of the Premises from Landlord, and Landlord may refuse to grant such permission if shall pay for lost, damaged or stolen cards at the amount of heat generated would place an undue burden on the air conditioning system of the Buildingthen Building standard charge. If Tenant uses desires any high-power-usage equipment service which Landlord has not specifically agreed to provide in this Lease, such as private security systems or telecommunications services serving the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity procure such service directly from a reputable third party service provider (“Provider”) for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinTenant’s own account. Tenant shall pay require each Provider to comply with the Building’s rules and regulations, all laws, and Landlord’s reasonable policies and practices for the Building. Tenant acknowledges Landlord’s current policy that requires all Providers utilizing any area of the Project outside the Premises to be approved by Landlord and to enter into a written agreement acceptable to Landlord prior to delinquency all personal property taxes payable with respect to all property of gaining access to, or making any installations in or through, such area. Accordingly, Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, give Landlord written proof of notice sufficient for such paymentpurposes.

Appears in 1 contract

Samples: Office Lease (Bankrate, Inc.)

Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, a. Standard Services Landlord shall maintain the Premises Premises, and the public and common areas Common Areas of the Building, such as lobbies, stairs, corridors and restrooms, Building in reasonably good order and condition except for damage occasioned by consistent with the act or omission operation and maintenance of Tenanta first-class office building in downtown Seattle, Washington. Landlord shall also maintain, repair and replace all structural components of the repair of which damage shall be paid for by TenantBuilding. Landlord shall furnish the Premises with electricity for normal office use, including lighting and the operation of low-power-low power usage office machines, heat and normal water, elevator service, sanitary sewer service, janitorial service, plumbing, air conditioning, ventilation, heating and elevator electrical systems, local telephone service and all other utility services used in the Premises at all times during ordinary business hoursthe term of the Lease. The HVAC system shall be operated at standards consistent with other first class office buildings in downtown Seattle, Washington. Landlord shall also provide light lamp replacement service for Landlord-furnished lightingthe Building's standard light fixtures, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceservice for the Common Areas. No janitorial service shall be provided for Saturdays, Sundays or legal holidays. Attached hereto and incorporated by this reference as Exhibit D are the current standards for janitorial service for the Premises and Common Areas ("Janitorial Standards"). Landlord reserves the right to amend, modify or change the Janitorial Standards in the future provided such standards remain consistent with janitorial standards of other first class office buildings in downtown Seattle. The costs of any janitorial or other service provided by Landlord to Tenant which are in addition to the services ordinarily provided Building tenants shall be repaid by Tenant as Additional Rent upon receipt of billxxxx xxxrefor. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or also maintain exterior landscaping around the Building and shall provide promptly, upon request of Landlord, written proof of such paymentother Common Area Items.

Appears in 1 contract

Samples: Lease Agreement (Telecommunication Systems Inc /Fa/)

Services and Utilities. As long as 13.1 Provided that no Event of Default by Tenant is not in default exists under any of this Lease, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during Business Hours on generally recognized business days (but exclusive in any event of Sundays and federal holidays), the public following services and common areas utilities, commensurate with industry standard consistent with other comparable office buildings in Washington, D.C., as adjusted to account for the relative size, age, character, quality, condition, and location of such other buildings, subject to the rules and regulations of the Building, prescribed from time to time: (a) water suitable for normal office use of the Premises, and hot and cold watering Building standard restrooms and chilled water in Building standard drinking fountains; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) cleaning and 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; (f) equipment to bring to Tenant’s meter, electricity in the amount of five (5) xxxxx per rentable square foot in the Premises for heating and cooling, lighting, operation of business machines and equipment which are normally employed for general office use, convenience power such as lobbiesfor outlets, stairsand plumbing (the “Normal Wattage”); and (g) all Building standard replacement tubes, corridors lamps, ballasts and restroomsbulbs in the Premises (and the installation thereof). To the extent that Tenant is not billed directly by public utility therefor, if Tenant’s monthly per rentable square foot electrical use in the Premises exceeds the Normal Wattage, as reasonably good order determined by Landlord, Tenant shall pay to Landlord, upon Landlord’s written demand, as Additional Rent, the monthly costs of electricity used in the Premises in excess of such Normal Wattage, as measured on monthly basis, and condition except all costs of sub metering necessary to determine such excess usage. The charge shall be at the rates charged for damage occasioned such services by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicelocal public utility. Landlord shall not be liable for, and 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 an unreasonable time after written notice of such failure is given to Landlord by Tenant for any loss or damage 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 resulting 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. Tenant hereby acknowledges and agrees that Landlord is obligated to provide only the services and amenities expressly described above, and that Landlord, its agents and representatives, have made no representations whatsoever of any additional services or amenities to be provided by Landlord now or in the future under this Lease. Notwithstanding the foregoing, Tenant recognizes that Landlord may, at Landlord’s sole option, elect to provide additional services or amenities for the tenants of the Building from time to time, and hereby agrees that Landlord’s discontinuance of any variation, interruption, provision of any such additional services or failure to amenities (including any such additional services due or amenities presently being provided) shall not constitute a default of Landlord under this Lease nor entitle Tenant to any cause whatsoever. No temporary interruption abatement of or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment reduction in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentrent.

Appears in 1 contract

Samples: Lease Agreement (Lionbridge Technologies Inc /De/)

Services and Utilities. As Landlord shall provide, during the appropriate seasons of the year, air conditioning and heating during the Leased Premises Hours set forth in Item 8 of the BLI Rider, electric current for lighting, incidentals and normal office use; and water at those points of supply provided for general use of Tenant at all times. Landlord shall have the right to operate the heating, ventilating, and air-conditioning ("HVAC") system (“HVAC System”) in the most energy-efficient manner possible within the limits established in the Building design, and in accordance with any directive, policy or request of a governmental, quasi-governmental, public or other authority. The Building shall include a computerized energy management system provided at Landlord’s expense that operates the HVAC system in on-off cycles to control electrical demand and energy consumption. Extra hours of heating, ventilating, and air-conditioning (i.e., all times other than during Leased Premises Hours) will be provided to Tenant upon Tenant's request with at least twenty four (24) hours' advance notice on a previous business day. Tenant will be charged Fifty and No/100 Dollars ($50.00) per hour for such service outside of Leased Premises Hours, subject to annual escalations in the amount of three percent (3%). Landlord shall provide electric current for lighting, incidentals and normal office use. All replacement tubes for such Building standard lighting fixtures shall be provided and installed by Landlord as part of Building Operating Expenses and all bulbs and tubes for other than Building standard lighting fixtures shall be provided and installed by Tenant at Tenant's sole cost and expense. Landlord shall furnish cold water from county water mains for drinking, lavatory and toilet purposes, and hot water for lavatory purposes from the regular Building supply. Landlord will provide reasonably adequate lavatory supplies for restrooms in the Common Areas. Landlord will also provide exterior window cleaning service and five (5) days a week janitorial service as is normal and customary in comparable first-class office buildings in the metropolitan Richmond, Virginia, area and in accordance with the janitorial specifications attached hereto as Exhibit “J”; provided, however, that janitorial service required for any non-Building standard improvements in the Leased Premises, such as glass partitions, wood flooring, kitchens, and private showers and restrooms, shall be subject to additional charges. Janitorial services shall be available Monday through Friday only, except Holidays. If the Building equipment should cease to function properly, Landlord shall use due diligence to repair the same promptly. If a stoppage or interruption of utilities or services was caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors, then, if such stoppage or interruption causes Tenant to be unable to operate its business from all or a portion of the Leased Premises for more than forty-eight (48) consecutive hours, Base Rent, Additional Rent and all other sums owing hereunder shall xxxxx proportionately based on the portion of the Leased Premises from which Tenant is unable to operate its business until Tenant’s use of the Leased Premises is restored. Tenant may provide an electronic access system with computerized card access at the entrance(s) to the Building. Landlord shall not be responsible for the quality, action or inaction of any Building access system or for any damage or injury to Tenant, its employees, invitees or others, or their property, resulting from any failure, action or inaction of the Building access system. Such services shall be provided as long as Tenant is not in default under any of the provisions terms, provisions, covenants and conditions of this LeaseLease beyond applicable notice and cure periods, Landlord shall maintain the Premises subject to interruption caused by repairs, renewals, improvements, changes of service, and the public alterations, and common areas further subject to interruptions of the Buildingnature described in Section 32(b) hereof, and upon such as lobbieshappening, stairs, corridors and restrooms, in reasonably good order and condition except no claim for damage occasioned by the act damages or omission abatement of Tenant, the repair of which damage Rent for failure to furnish any such services shall be paid for made by Tenant. Tenant or allowed by Landlord nor shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not any such happening be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an construed as a constructive eviction of Tenant or relieve Tenant from the responsibility of performing any of Tenant's obligations hereunderunder this Lease. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system All other responsibility for maintenance of the Building. If Tenant uses any high-power-usage equipment in the Leased Premises, Tenant unless specifically assigned to Landlord under this Lease, shall in advance, on be the first day responsibility of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinTenant. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located use only those fixtures and equipment that operate on the Building's standard electric circuits, but which in no event shall overload the Building's standard electric circuits from which Tenant obtains electric current. Any required installation of special circuits, cable, wire 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. Tenant shall reimburse Landlord at the commercially reasonable rate paid by Landlord for any services, utilities or supplies used by Tenant in excess of those services customarily used for ordinary office purposes. Landlord reserves the right, after Leased Premises Hours, to dim or turn off all unnecessary lighting in the unoccupied areas of the Building and shall provide promptly, upon request the Leased Premises to minimize the energy consumption of Landlord, written proof of such paymentthe Building in both the Common Areas and the Leased Premises.

Appears in 1 contract

Samples: Office Deed of Lease Agreement (Lumber Liquidators Holdings, Inc.)

Services and Utilities. As long 13.1 Landlord will furnish to the Premises during the normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and heating during the seasons and within the temperature ranges required in accordance with the specifications attached hereto as Exhibit D. Landlord will provide: electricity; water; elevator service; an access-control system for the Building (excluding the Premises); and exterior window-cleaning service. The normal hours of operation of the Building will be 7:30 a.m. to 7:00 p.m. on Monday through Friday (except the holidays listed on Exhibit E attached hereto) and 8:00 a.m. to 12:00 p.m. on Saturday (except the holidays listed on Exhibit E). If Tenant requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same. Tenant shall pay for such extra service in accordance with Landlord's then-current schedule of costs and assessments for such extra service (including additional depreciation of the base building systems in proportion to the actual number of hours beyond the normal hours of operation for which Tenant is not in default under any furnished such HVAC services), which shall compensate Landlord for Landlord's actual costs of furnishing such extra service, without markup. Landlord agrees to provide an access control system for the Building that will afford Tenant access to the Premises twenty-four (24) hours per day every day of the provisions of this Leaseyear. At Tenant's option and expense, Landlord's system may be expanded to provide electronic suite access to the Premises, and Landlord shall maintain the Premises will reasonably coordinate any interaction between Tenant's suite access system and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of lowbase-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceaccess system. Landlord shall not be liable permitted to require persons entering the Building to show identification to a lobby attendant without Tenant's prior written consent. At least one (1) elevator serving the Premises shall be in service at all times. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours other than the normal hours of operation of the Building unless Tenant agrees to compensate Landlord for any loss or damage caused by or resulting from any variationthe actual costs, interruptionwithout markup, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.

Appears in 1 contract

Samples: Lease (Landmark Systems Corp)

Services and Utilities. As long Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project. Services and utilities shall include reasonable quantities of heating, ventilation and air conditioning (HVAC) as required in Landlord's reasonable judgment for the comfortable use and occupancy of the Premises; lighting replacement for building standard lights; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only. Tenant, at Tenant's sole cost and expense, shall supply all paper and other products used within the Premises. During normal business hours on generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. Further, Landlord shall also be responsible for snow and ice removal. If Tenant is desires HVAC or other 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 therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. Notwithstanding the foregoing, the Premises will be seperately metered for lighting, plugs and HVAC. Further, Landlord shall also be responsible for snow and ice removal. Notwithstanding the foregoing, Tenant shall obtain from Landlord at Tenant's sole cost and expense all electric utilities used at the Premises. 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 contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default under hereunder or be liable for any damages directly or indirectly resulting from, nor shall 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 provisions foregoing services, or (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 this LeaseLandlord, Landlord shall maintain or by the making of necessary repairs or improvements to the Premises, Building or Project, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises and or Project, or (d) the public and common areas limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the BuildingPremises, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act Building or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceProject. Landlord shall not be liable under any circumstances for a loss of or injury to Tenant for any loss property or damage caused by business, however occurring, through, in connection with or resulting from any variation, interruption, or incidental to the failure to furnish any such services. Notwithstanding the foregoing, Landlord shall use reasonable efforts to remedy the cause of interruption of services due to any cause whatsoeverset forth herein. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain not, without the prior written permission consent of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses use any high-power-usage equipment apparatus or device in the Premises, Tenant shall including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in advanceexcess of 120 volts, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing which consumes more electricity than is usually furnished or supplied for the operation use of such equipment. The monthly Rent stated desk top office equipment and photocopy equipment ordinarily in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinuse in premises designated as general office space, as determined by Landlord. Tenant shall pay prior not connect any apparatus to delinquency electric current except through existing electrical outlets in the Premises. Tenant shall not consume electric current in excess of that usually furnished or supplied for the use of premises as office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse. In the event of consent, electrical current shall be separately metered in Tenant's name and paid for by Xxxxxx. The cost or any such meter and its installation, maintenance and repair shall be paid by Tenant. Notwithstanding anything contained herein to the 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 personal property taxes payable with respect losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant's electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the event Tenant's electricity provider fails to all property provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of Tenant located facilities or equipment in or on the Premises by Tenant or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentTenant's electricity provider.

Appears in 1 contract

Samples: Lease (Sonus Networks Inc)

Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and Massachusetts holidays), the public following services and common areas utilities subject to the rules and regulations of the BuildingBuilding prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s reasonable judgment for the use and occupation of the Premises during Building Business Hours; (c) nightly janitorial service; (d) passenger elevator service by non-attended automatic elevators; and, such as lobbies(e) equipment to bring to the Premises electricity for lighting, stairs, corridors convenience outlets and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of other normal office use. Tenant, at Tenant’s expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the repair Premises. Subject to prior scheduling per Landlord’s rules and requirements, Tenant will have the right to access and use of which damage the loading docks and freight elevators. The Premises is separately metered for electrical usage. Tenant shall be paid obtain and pay for by Tenantits electricity directly from the electric utility servicing the Building. Landlord shall furnish the Premises with electricity for lighting maintain such metering equipment in good order, condition and the operation repair as part of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceExpenses. Landlord shall not be liable in any way to Tenant for any loss failure or damage caused defect in the supply or character of electrical energy furnished to the Premises by reason of any requirement, act or resulting from any variation, interruption, or failure to such services omission of the public utility serving the Building with electricity unless due to any cause whatsoeverthe act or omission of Landlord. No temporary interruption or failure Tenant’s use of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises, which capacity is four (4) wxxxx per usable square foot for Tenant receptacles and equipment use and Tenant lighting. In order to insure that generates more than a minimum amount of heatsuch capacity is not exceeded and to avert possible adverse effect upon the Building electrical services, Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the written permission of LandlordBuilding electrical distribution system any major fixtures, appliances or equipment, except for standard office equipment, such as computers, copiers, printers, and server equipment. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by Landlord may refuse upon Tenant’s request, at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system Building or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building. If Tenant uses agrees that it will not make any high-power-usage significant alteration or material addition to the electrical equipment and/or appliances in the PremisesPremises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned or delayed, and will promptly advise Landlord of any alteration or addition to such electrical equipment and/or appliances. Electricity costs for service supplied to the Building systems and common areas are included in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable for, and Tenant shall in advancenot be entitled to, on any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the first day foregoing, and provided further that Landlord shall not be liable when such failure is caused by accident, breakage, repairs, labor disputes of each month during the least termany character, pay Landlord as Additional Rent energy usage restrictions or by any other cause, similar or dissimilar, beyond the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request control of Landlord, written proof . Landlord shall use reasonable efforts to remedy any interruption in the furnishing of such paymentservices and utilities.

Appears in 1 contract

Samples: Lease (Repare Therapeutics Inc.)

Services and Utilities. As long as Tenant is not in default under any of (a) Landlord shall cause to be furnished to the provisions Premises during the term of this Lease, Landlord shall maintain the Premises water and the public sanitary sewer services required for general office use. The cost of furnishing such water and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage sanitary sewer services shall be paid for by Tenantan Operating Expense as defined in Paragraph 5(d) above. Landlord shall furnish the Premises with electricity for lighting Tenant acknowledges and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. agrees that Landlord shall not be liable to Tenant and Tenant hereby releases Landlord from any and all claims, liabilities, damages, losses, actions, costs and expenses as a result of or related to any interruption of water and/or sanitary sewer services for reasons beyond 25 the control of Landlord; provided, however, in no event shall Landlord be liable to Tenant for lost profits or loss of business. The actions of any water or sanitary sewer company or public utility or governmental agency providing water or sanitary sewer services shall not be imputed to Landlord. Landlord shall provide Tenant with a connection for Tenant's telecommunications wiring and cabling ("Interior Wire") to the point of connection with the local regulated public utility. Such connection shall be from the telecommunications line closet serving the Premises to the demarcation points supplied by the local regulated public utility. Tenant understands and acknowledges that the telecommunications capacity supplied to the Premises shall not exceed the capacity for which the Premises was designed. If Tenant requires any extraordinary telecommunication services that require any increase in the capacity of the Premises' telecommunications system and/or intrabuilding network cabling, then Tenant shall pay, as additional rent, the cost of any alterations, modifications or improvements required to be made to the Premises's telecommunications system and/or intrabuilding network cabling to provide such extraordinary service. All connection, disconnection, removal, repair and installation of telecommunications lines and cabling shall be performed by a qualified contractor approved by Landlord in advance. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental nor shall a constructive eviction be deemed to have occurred by reason of Landlord's failure to furnish any of the foregoing utilities and services when such failure is caused by accident, breakage, repairs, strikes, lockout or labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall be liable for any loss of or damage caused by or resulting from any variationinjury to property, interruptionhowever occurring, in connection with the furnishing or failure to such furnish any of the foregoing utilities and services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events for reasons beyond Landlord's reasonable control control. In no event shall Landlord be deemed an eviction of liable for, and Tenant or relieve Tenant hereby releases Landlord from any and all claims for loss, damage, cost or expense incurred by Tenant as a result of Tenant's obligations hereunderthe interruption of any water, sanitary sewer or telecommunications services. Before installing any If heat generating machines or equipment used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system units in the Premises and/or the cost of the Building. If Tenant uses any high-power-usage equipment in providing air conditioning services to the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for installation, the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount costs resulting therefrom shall be paid by Tenant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of demand by Landlord, written proof of such payment.

Appears in 1 contract

Samples: Rental Abatement Agreement (Odwalla Inc)

Services and Utilities. As long as C. Provided Tenant is shall not be in default under any hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, "as is," and suitable for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall provide additional or after-hours electricity, heating or air conditioning at Tenant's request and Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering 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 of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever 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 in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Tenant to Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for upon demand by Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.

Appears in 1 contract

Samples: Lease (Geocities)

Services and Utilities. As long as Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default under hereunder. Services and utilities shall include reasonable quantities of electricity, heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises; lighting replacement for building standard lights; window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only. Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used within the Premises. During normal business hours on generally recognized business days, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other customary Building 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 therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. 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 contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall 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 provisions foregoing services, or (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 this LeaseLandlord, Landlord shall maintain or by the making of necessary repairs or improvements to the Premises, Building or Project, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises and or Project, or (d) the public and common areas limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the BuildingPremises, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act Building or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceProject. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services. Tenant shall not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, electronic data processing machines, punch card machines, word processing equipment, personal computers, or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of desk top office equipment and photocopy equipment ordinarily in use in premises designated as general office space, as determined by Landlord. Tenant shall not connect any loss apparatus to electric current except through existing electrical outlets in the Premises. Tenant shall not consume electric current in excess of that usually furnished or damage supplied for the use of premises as office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse. In the event of consent, electrical current shall be separately metered in Tenant’s name and paid for by Tenant. The cost of any such meter and its installation, maintenance and repair shall be paid by Tenant. Notwithstanding anything contained herein to the 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 Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by or Landlord in the 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 the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any variation, interruption, or failure time separate metering of utilities furnished to such services the Premises. If the separate metering of utilities furnished to the Premises is due to Tenant’s excessive use of electric current, then the cost of any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairsmeter and its installation, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control maintenance and repair shall be deemed an eviction paid by Tenant. If Landlord requires separate metering for reasons other than Tenant’s excessive consumption of electric current, then the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord. In either event, accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses heat generating machines or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heataffects the temperature otherwise maintained by the HVAC system, Tenant shall obtain Landlord reserves the written permission of Landlord, and Landlord may refuse right to grant such permission if the amount of heat generated would place an undue burden on the install supplementary air conditioning system of the Building. If Tenant uses any high-power-usage equipment units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the installation, operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount and maintenance thereof, shall be paid by Tenant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of Landlord, written proof of such paymentdemand therefor.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Pacific Properties, Inc.)

Services and Utilities. As long as 13.1. Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during 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), the public following services and common areas utilities, reasonably commensurate with industry standard for commercial office buildings in Reston, Virginia, of a similar age, size and quality to the Building, 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 occupation of the Premises during Building 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 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 as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or omission of Tenantwillful misconduct, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and 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 an unreasonable time after written notice of such failure is given to Landlord by Tenant for any loss or damage and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more than a minimum amount furnishing of heat, Tenant shall obtain the written permission of Landlord, services and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.

Appears in 1 contract

Samples: Lease (NitroSecurity, Inc.)

Services and Utilities. As long as A. Provided Tenant is shall not be in default under any hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions Building. Landlord shall furnish to the Premises during ordinary business hours of this Leasegenerally recognized business days, to be determined by Landlord as 8:30 AM to 5:30 PM, Monday through Friday (exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), 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, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both at the option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, “as is,” and suitable for the Permitted Use, and for Tenant’s intended operations in the Premises. Landlord shall have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord elects to provide such services at Tenant’s request, Tenant shall pay to Landlord, sixty dollars ($60) per hour with a two (2) hour minimum charge per each activation, subject to adjustment at Landlord’s sole discretion. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and in abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord shall maintain reserves the right to install supplementary air conditioning units in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Tenant to Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for upon demand by Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.

Appears in 1 contract

Samples: Weekly Services (Premier Commercial Bancorp)

Services and Utilities. As long as Tenant is not in default under any of 13.1 Subject to the provisions of this Lease, Landlord shall maintain contained elsewhere herein and to the Premises rules and the public and common areas regulations of the Building, Landlord shall cause to be furnished to the Premises electricity, together with heating, ventilating and air conditioning (“HVAC”), required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises (but not in excess of such utilities and services which are customarily furnished in comparable office buildings in the immediate market area), during the business hours of the Building, which shall initially be 8:00 A.M. to 6:00 P.M., Monday through Friday, and 9:00 A.M. to 1:00 P.M., Saturday, except for holidays determined by Landlord from time to time, and janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area. Landlord shall, at Tenant’s request, provide after- hours HVAC to the Premises, provided that Tenant shall pay to Landlord a charge therefor (based on all costs on a particular electrical bxxx [including, without limitation, surcharges or other recovery charges]) as reasonably determined by Landlord from time to time; provided, that Tenant acknowledges that due to variations in rates charged by electricity providers serving the Premises over the term of the Lease, and other parameters not within Landlord’s control (such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned usage of all other users [at the Project or elsewhere] serviced by the act or omission of electricity providers), it may not be known until a later date whether particular after-hours usage imposed additional costs to Landlord (and Landlord may need to retain consultants, which shall be reasonably acceptable to Tenant, to determine whether there were and the repair extent of which damage any such additional costs), and Tenant agrees to pay Landlord for any additional costs (including the cost of any consultants) as and when requested by Landlord; provided, that Landlord’s request shall be paid for accompanied by commercially reasonable documentation. Tenant shall notify Landlord at least forty-eight (48) hours in advance prior to noon on any business day of-Tenant’s after-hours HVAC requirements. Landlord The Building’s HVAC system shall furnish provide HVAC on a floor-by-floor basis. Tenant shall keep and cause to be kept closed all window coverings when necessary because of the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioningsun’s position, and elevator service during ordinary business hoursTenant also shall at all times cooperate fully with Landlord and abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning system. Landlord shall also provide light replacement service for LandlordIf any heat-furnished lightinggenerating machine, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss excess lighting or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain affects the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system system, Landlord shall notify Tenant, and Tenant-shall, within twenty (20) days after receipt of the Building. If such notice, remove or disconnect such machine or equipment; provided that if Tenant uses any high-power-usage equipment does not remove or disconnect such machine or equipment, Landlord may install supplementary air conditioning units in the Premises, Tenant shall in advanceand the cost thereof (including, on the first day of each month during the least termbut not limited to, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for installation, separate utility metering, operation and maintenance thereof) shall be paid by Tenant to Landlord upon demand by Landlord. If Landlord, in its reasonable discretion, determines that the operation of such equipment. The monthly Rent stated a bank branch or the ATM, or the use of the “Bank Visitor Only” parking spaces (as described in Subsection 1.g hereof does not include any amount to cover Section 334.8) requires the cost presence of furnishing electricity for such purpose unless so stated herein. a security guard, Tenant shall pay prior be solely responsible, at its cost, to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentsame.

Appears in 1 contract

Samples: Lease (Beverly Hills Bancorp Inc)

Services and Utilities. As long as Tenant is not in default under any of 13.1 Subject to the other provisions of this Lease, and except as otherwise indicated. Landlord agrees to furnish to the Premises on a 24-hour basis, 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 occupation of the Premises; (c) cleaning and janitorial service after Building Business Hours; (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. Tenant shall pay for all electricity used by Tenant in the Premises including HVAC-related costs pursuant to Section 13.6) as determined by metered usage of the space occupied. The charge shall be at the rates charged by the local public utility. Landlord agrees to use commercially reasonable efforts to consult with Tenant when electrical power contracts are being negotiated and Landlord shall maintain the Premises and the public and common areas of the Buildingact in good faith in finalizing its electrical power contracts having taking into consideration, among other things, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of consultation with Tenant, the repair needs of which damage all affected tenants and affected buildings as well as the then-market rates. Tenant shall be paid meter all electricity use within the Building and determine Tenant’s share of such electrical service costs on a quarterly basis. Tenant shall pay Landlord $25,000 per month as an advance payment for by such electricity. Within fifteen (15) days after the end of each quarter, Tenant shall provide Landlord with the meter readings for the prior quarter and its determination of Tenant’s share of such electrical usage for said quarter. Landlord shall furnish (i) review such meter readings and confirm the Premises with electricity for lighting and the operation determination of low-power-usage office machines, heat and normal air conditioningTenant’s share of such usage, and elevator (ii) multiply Tenant’s usage by the applicable electricity rates in effect during the prior quarter to determine Tenant’s share of electricity costs for said quarter. Within thirty (30) days from receipt of the applicable meter readings and Tenant’s determination of its share of usage, Landlord shall invoice Tenant for any additional amounts owed to Landlord having reconciled the advanced payment against the actual electrical service during ordinary business hourscost incurred for the prior quarter, which invoiced amount shall be due to Landlord within twenty (20) days following Tenant’s receipt of such invoice along with copies of the invoices from the electrical power supplier evidencing the applicable electrical rates. Landlord acknowledges that the Tenant is relying upon timely receipt of Landlord’s invoices for electric power costs for budgeting and financial statement purposes. Accordingly, if Landlord fails to provide the invoices within said thirty-day period and Tenant subsequently sends written notice to Landlord (“Tenant’s Notice”) that it has failed to do so, Landlord waives any right to receive payment for electricity costs in excess of the advanced payment for any applicable quarter, provided that Landlord has not cured such failure to send such invoices within ten (10) days after receipt of Tenant’s Notice. Any overpayments determined pursuant to such quarterly determination shall also provide light replacement service for be deducted from the next monthly advance. In the absence of Landlord-furnished lighting’s negligence or willful misconduct, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and 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 an unreasonable time after written notice of such failure is given to Landlord by Tenant for any loss or damage and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more than a minimum amount furnishing of heat, Tenant shall obtain the written permission of Landlord, services and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipmentutilities. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover provisions of this Section 13.1 shall survive the cost termination or expiration of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis Lease.

Appears in 1 contract

Samples: BigBand Networks, Inc.

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Services and Utilities. As long as Tenant is not in default under any of Landlord shall furnish to the Premises, ---------------------- subject to the provisions of this paragraph 5.3 of the Lease, Landlord lighting, water, electricity, gas, sewer and other utilities, elevator service, janitorial service, exterior window-washing, HVAC equipment and filter maintenance services pursuant to the standard set forth in Section 1, above. All utilities, including, without limitation, water, electricity, gas and sewer, shall maintain be available to the Premises and 24 hours per day, every day throughout the public and common areas of the Building, such as lobbies, stairs, corridors and restroomsterm, in reasonably good order and condition except quantities sufficient for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and 's normal air conditioning, and elevator service during ordinary business hoursoperations. Landlord shall also provide light replacement service to Tenant access to the Premises 24 hours per day, every day throughout the term. In the event that Tenant consumes services or utilities in excess of that usually supplied to the Premises for use of the Premises as general office space, as reasonably determined by Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption of utilities are not separately metered or failure otherwise directly paid for by Xxxxxx, then Landlord may under such circumstances establish a monthly prorata charge for Tenant's excess use or consumption of such services incident and utilities. notwithstanding any provisions of Article 9 of the Lease to the making contrary, Landlord shall provide natural gas and electricity, including UPS and emergency power, to the second floor of repairsBuilding 1 and to the Premises through the Building's second floor house meters. Landlord, alterationsTenant and Xxxxxx's second floor co-tenant, or improvements, or due shall cooperate to accident or strike or conditions or events beyond establish fair and equitable methods for the proration of second floor costs of the natural gas and electricity supplied by Landlord's reasonable control . Such agreed upon methods shall be deemed an eviction in writing and incorporated within the Lease. If no such methods can be agreed upon, the costs of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment such utilities shall be prorated by Landlord on a straight square-footage basis; provided, however, in the Premises event that generates more than said formula does not lead to a minimum amount of heatfair and equitable proration because the second floor tenants do not use electricity or other utilities in proportionally equal amounts, Tenant Landlord shall obtain adjust said formula as necessary to lead to such fair and equitable proration. Any such proration shall be reviewed from time to time so that it accomplishes the written permission of Landlordpurposes intended hereby. In either case, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation prorated costs of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover utilities shall be additional rent due under the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentLease.

Appears in 1 contract

Samples: Protein Polymer Technologies Inc

Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall The Lessor agrees to provide and maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, (a) heat and normal air conditioning, Monday through Friday, during normal business hours (7:30 A.M. to 6:00 P.M.) and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervalsSaturday from 8:00 A.M. to 12:00 P.M., and customary building janitorial serviceat such other times as Lessor in its sole discretion deems necessary for normal office occupancy and for the and 4 occupants of the Project; (b) in common areas, cold water for toilet and hot water for lavatory purposes only; (c) custodial services at a level determined by the Lessor; (d) electricity for light and ordinary office purposes; Lessee must turn off their lights and other equipment when not in the building; (e) OFFICE TRASH removal services at the Project on a regularly scheduled basis (note: restaurants will be directly responsible for the payment of all trash and garbage removal services associated with their operation); Lessee must remove trash other than normal office trash, to the dumpster - such trash to include items like large empty boxes (which must be broken down). Landlord Note: Trash generated from the initial move in to the facility shall not be liable placed in the dumpster. Lessee must make arrangements to Tenant for any loss or damage caused by or have this trash otherwise removed. Lessee agrees to exercise due care and prudence in the use of utilities at all times, and to comply with all Federal, State and Local guidelines concerning same. In the event Lessor incurs electrical costs resulting from any variationLessee's use of the Leased Premises during periods other than normal business hours, interruption, or failure Lessee agrees to such services due to any cause whatsoever. No temporary interruption or failure reimburse Lessor for that portion of such services incident the costs which are attributable to the making additional use. Lessor shall submit to Lessee a statement itemizing the additional use and cost thereof, and Lessee shall pay such sums to Lessor with the next due rental payment. Lessor in furnishing the foregoing services does not contemplate occupancy involving extraordinary consumption or generation of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control heat affecting temperatures otherwise normally maintained by the air conditioning system. If Lessee shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment require water in the Leased Premises or electric current in excess of that generates more than a minimum amount usually furnished or supplied to the Leased Premises when used as general office space, including but without limitation thereto, electrical heating or refrigeration equipment, electronic data processing machines, punch card machines, machines or equipment using current in excess of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if 110 volts or which will in any way increase the amount of heat generated would place an undue burden water or electricity usually furnished, Lessee will procure prior written approval from Lessor and make arrangements to pay periodically for the additional direct expense of utilities including HVAC during hours other than "normal business hours" as described herein which will result in additional charges. Lessee agrees to reimburse Lessor promptly following the rendering of a bill to Lessee for any such chargxx xncurred. The Lessor will keep in good condition and reasonable state of repair those portions of the property consisting of the entrance, lobby, stairways, corridors, elevators, landscaped areas, parking areas, and other facilities from time to time provided for use in common by the Lessees of the building. The Lessor agrees to repair, so far as reasonably feasible, any defects in the standard walls, structural elements, exterior walls, ceilings, electrical and mechanical installations, common plumbing and the like. The Lessor shall in no event be required to make repairs to the leasehold improvements by the Lessee or by the Lessor on behalf of the Lessee or another Lessee to make repairs on the air conditioning system reasonable wear and tear within the leased premises. The Lessee covenants with the Lessor to repair, maintain and keep at the Lessee's own cost the improvements made by the Lessee or other property not covered by the Lessor's obligation to repair. The Lessee agrees that the Lessor shall have the right to enter the leased premises of the BuildingLessee at all reasonable times and place to make repairs and/or adjustments to the leased premises. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity Lessee is responsible for the operation normal replacement of such equipmentlight bulbs in overhead fixtures - replacement bulbs must be of the type, wattage, and grade specified by the Lessor. The monthly Rent stated in Subsection 1.g hereof does not include any amount Lessee shall be entitled to cover the cost use of furnishing electricity the passenger elevators for such purpose unless so stated hereinthe carrying of passengers to the various floors. Tenant Any USES of the elevators that require the carrying of equipment, furniture, supplies and the like shall pay prior be coordinated through the Lessor. Any damage done to delinquency all personal property taxes payable with respect to all property the elevators, doorways, building, etc. as a result these USES shall be repaired at the expense of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentLessee.

Appears in 1 contract

Samples: Lease Agreement (Sunpharm Corporation)

Services and Utilities. As long (a) Landlord shall provide all utility services for the Building up to the point of distribution to the Premises. (b) Tenant shall obtain all utility services for the Premises, including, without limitation, electricity, water, gas, telephone and other utilities and communications services, pest control, security monitoring, janitorial and garbage collection in its own name effective as of the Commencement Date and shall pay all costs for the use of such services directly to the applicable utility, including any fine, penalty, interest or cost which may be added hereto for non-payment thereof. Notwithstanding the foregoing, if during the Term any utilities are separately metered in the Premises, Tenant shall reimburse Landlord on a monthly basis for such utilities promptly after receipt by Tenant of an invoice therefor from Landlord, which reimbursement shall constitute Additional Rent hereunder. In the event any utility serving the Premises during the Term is not in default under any separately submetered. Tenant shall reimburse Landlord on a monthly basis as Additional Rent for Tenant's proportionate share of the provisions cost of this Leasesuch utility service, which proportionate share shall be calculated as a fraction, the numerator of which shall be the number of rentable square feet leased in the Building by Tenant, at the time of such calculation and the denominator of which shall equal the total number of rent1ble square feet in the Building leased to tenants (including Tenant) which share utility meters at the time of such calculation. In the event Landlord leases space to other tenants which share Tenant's electricity meter, which other tenants have dissimilar uses to Tenant's Permitted Use, Landlord shall maintain adjust Tenant's proportionate share accordingly to reflect actual usage to the extent possible in Landlord's reasonable judgment. (c) In the event of any failure or interruption in any service or utility whether caused by breakage, accident, strikes, repairs, failure of fuel supply, or for any other cause or causes, Tenant shall not be entitled to xxxxx Fixed Rent payable hereunder except if, and only if, (i) any such failure or interruption in service was caused solely by the negligence or willful misconduct of Landlord, (ii) such failure continues for seven (7) business days after Landlord's receipt of written notice thereof from Tenant, and (iii) such failure materially interferes with Tenant's occupancy. Any abatement available to Tenant pursuant to this Paragraph shall be limited to the portion of the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restroomsaffected. However, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage no event shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss indirect or damage caused by or resulting from any variationconsequential damages. Notwithstanding the foregoing, interruption, or failure Landlord shall use reasonable efforts to such services due to any cause whatsoeverrestore interrupted service. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment14.

Appears in 1 contract

Samples: Ace Hardware Corp

Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with following services: (a) air conditioning and heating in season Monday through Friday from 8:00 a.m. to 6:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m., Legal Holidays excluded; at other times, air conditioning and heating will be furnished at the then Building standard charge (payable by Tenant to Landlord on written demand by Landlord) and on then Building standard terms relating to advance notice, minimum hours, minimum zones, and other matters; (b) janitorial and general cleaning service on Business Days; (c) passenger elevator service to all floors of the Building; (d) common restroom facilities and necessary lavatory supplies, including cold running water; and (e) electricity for the purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities for the operation Premises (excluding electricity for separately metered equipment exclusively serving the Premises, such as supplemental HVAC units, the costs for which shall be paid by Tenant to Landlord upon receipt of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursinvoice from Landlord). Landlord shall also provide light replacement have the right to select the Building’s electric service for Landlord-provider and to switch providers at any time. Tenant’s use of electrical, HVAC or other services furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. by Landlord shall not exceed, either in voltage, rated capacity, use, or overall load, that which Landlord deems to be standard for the Building. Tenant shall pay all costs associated with any such additional utility usage, including the installation of separate meters. In no event shall Landlord be liable to Tenant for any loss or damage caused by or damages resulting from any variation, interruption, or the failure to such services due to furnish any cause whatsoever. No temporary service, and any interruption or failure shall in no manner entitle Tenant to any remedies including abatement of such services incident to Rent.. If at any time during the making Lease Term the Project has any type of repairs, alterations, access control system for the Parking Areas or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heatBuilding, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system purchase access cards for all occupants of the BuildingPremises from Landlord at the then Building standard charge. If Tenant uses desires any high-power-usage equipment service which Landlord has not specifically agreed to provide in this Lease, such as private security systems or telecommunications services serving the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity procure such service directly from a reputable third party service provider (“Provider”) for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinTenant’s own account. Tenant shall pay require each Provider to comply with the Building’s rules and regulations, all laws, and Landlord’s reasonable policies and practices for the Building. Tenant acknowledges Landlord’s current policy that requires all Providers utilizing any area of the Project outside the Premises to be approved by Landlord and to enter into a written agreement acceptable to Landlord prior to delinquency all personal property taxes payable with respect to all property of gaining access to, or making any installations in or through, such area. Accordingly, Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, give Landlord written proof of notice sufficient for such paymentpurposes.

Appears in 1 contract

Samples: Office Lease (FlexShopper, Inc.)

Services and Utilities. As long as Tenant is not in default under any of 13.1 Subject to the provisions of this Lease, Landlord shall maintain contained elsewhere herein and to the Premises rules and the public and common areas regulations of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish cause to be furnished to the Premises with electricity for lighting water and the operation of low-power-usage office machineselectricity, heat and normal heating, ventilation and air conditioning, required in Landlord's judgment for the comfortable use and elevator service occupation of the Premises (but not in excess of such utilities and services which are customarily furnished in comparable office buildings in the immediate market area), during ordinary the business hours. Landlord hours of the Building, which shall also provide light replacement service for Landlord-furnished lightingbe 7:00 A.M. to 7:00 P.M., toilet room supplies, window washing at reasonable intervalsMonday through Friday, and customary building 8:00 A.M. to 1:00 P.M. on Saturday, except for New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other holidays as may be determined by Landlord from time to time (collectively, the "Holidays") and, provided that the Premises are used exclusively as offices and are kept reasonably in order by Tenant, janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to services during the times and in the manner that such services due are customarily furnished in comparable office buildings in the market area of the Project but not less than the services shown on Exhibit "H". If Landlord elects to provide additional or after-hours heating, ventilation, air conditioning or any cause whatsoever. No temporary interruption of the other utilities or failure of such services incident referred to the making of repairsabove at Tenant's request, alterations, or improvements, or due Tenant shall pay to accident or strike or conditions or events beyond Landlord an amount equal to Landlord's actual costs per hour (plus an allocable charge for depreciation of equipment) or such other reasonable control charge therefor as determined by Landlord from time to time. Tenant shall keep and cause to be deemed an eviction kept closed all window coverings when necessary because of the sun's position, and Tenant also shall at all times cooperate fully with Landlord and abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilation and air conditioning system. If any heat-generating machine, excess lighting or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain affects the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system of the Building. If Tenant uses any high-power-usage equipment system, Landlord may install (or at Tenant's request shall install) supplementary air conditioning units in the Premises, Tenant shall in advanceand the cost thereof (including, on the first day of each month during the least termbut not limited to, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the installation, operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount and maintenance thereof) shall be paid by Tenant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of demand by Landlord, written proof of such payment.

Appears in 1 contract

Samples: Improvement Work Agreement (Private Business Inc)

Services and Utilities. As long as Tenant 13.1 Provided no Event of Default has occurred and is not in default under any of continuing, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during 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), the public following services and common areas utilities subject to the rules and regulations of the BuildingBuilding prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises (with Tenant being responsible for the repair and maintenance of the water heater servicing 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; (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 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 as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s gross negligence or omission of Tenantwillful misconduct, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to Tenant furnish any of the foregoing, unless such failure shall persist for any loss or damage an unreasonable time after written notice of such failure is given to Landlord by Txxxxx and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall be deemed an eviction of Tenant or relieve Tenant from use reasonable efforts to remedy any of Tenant's obligations hereunder. Before installing any equipment interruption in the Premises that generates more than a minimum amount furnishing of heat, Tenant shall obtain the written permission of Landlord, services and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentutilities.

Appears in 1 contract

Samples: Vantage Energy Services, Inc.

Services and Utilities. As long as 13.1 Provided Tenant is shall not be in default under any of this Lease, and subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises common areas of the Building during ordinary business hours on generally recognized business days (but exclusive in any event of Sundays and legal holidays), the public 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 occupation of the common areas of the Building; (c) cleaning and 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) Landlord shall make provisions to bring electricity to a bus duct on the floor of the Premises in an amount equal to 1,000 amps @ 480V on or before the Commencement Date. Landlord also agrees that if additional power is required by Tenant, such as lobbiesLandlord shall reasonably assist Tenant in procuring additional power internally in the Building by finding additional unused sources on other floors and in making the back-up generator power available pursuant to Section 38.6(i) in accordance with the terms and conditions set forth in that provision. If pursuant to the foregoing sentence, stairsLandlord determines that power is internally available from time to time due to a vacancy on a floor or otherwise, corridors and restroomsLandlord has a right to terminate this additional capacity from time to time upon reasonable notice, in order to accommodate occupancy of vacancies or the needs of other tenant. If commercially available capacity is not available internally, then Landlord shall reasonably good order assist Tenant in procuring additional commercial power from ComEd, provided that Tenant advises Landlord of the need for the same and condition except can reasonably show that it requires the additional power. Tenant shall procure electrical services directly from ComEd and shall arrange to be billed directly by said utility. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for damage occasioned all electricity used by Tenant in the Premises. The charge shall be at the pro rata rates charged for such services by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial servicelocal public utility. Landlord shall not be liable for, and 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 an unreasonable time after written notice of such failure is given to Landlord by Tenant for any loss or damage and provided further that Landlord shall not be liable when such failure is caused by or resulting from any variationaccident, interruptionbreakage, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterationslabor disputes of any character, energy usage restrictions or improvementsby any other cause, similar or due to accident or strike or conditions or events dissimilar, beyond Landlord's the reasonable control of Landlord. Landlord shall use reasonable efforts to avoid and remedy any interruption in the furnishing of services and utilities. Landlord shall not (except in the event of an emergency or a force majeure event) exercise any right of Landlord to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises, the Building or the 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 Tenant’s use, possession and occupancy of the Premises for the purpose of conducting its business on a continuing basis. If the back-up capacity is not available to support Tenant’s requirements from ComEd or from the back-up generator on the Building through the Landlord, then Tenant shall have the right to install its own generator in the Designated Areas (as defined in Section 38.1 hereof), providing that Tenant pays Landlord for Landlord’s out of pocket expenses in using the risers, the fuel tanks, and any other fixtures, systems and equipment situated on the Building which would be deemed an eviction of necessary for Tenant or relieve Tenant from any to install and operate its own generator. Upon the installation of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat’s generator, Tenant shall obtain have the written permission of Landlord, and Landlord may refuse right to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of move Tenant’s power requirements from the Building. If ’s generator onto its own unit, provided that Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity pays for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount ancillary services required to cover hook into the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior Building’s systems which are necessary to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentoperate Tenant’s generator.

Appears in 1 contract

Samples: Neutral Tandem Inc

Services and Utilities. As long Landlord agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class office building as the Buildings in the Bedford, Massachusetts market area, the following services and utilities subject to the rules and regulations of the Buildings prescribed from time to time: (a) hot and cold 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 with Landlord being obligated to maintain the Premises at reasonably comfortable temperatures during Building Business Hours; (c) nightly cleaning and janitorial service in accordance with the cleaning specifications attached hereto as Exhibit G; (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. Landlord agrees to furnish cleaning and janitorial services after Building Business Hours on generally recognized business days (but exclusive of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the Park in the Bedford, Massachusetts area. Landlord will include electricity costs to operate the HVAC system serving the Premises in Expenses. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within twenty (20) days of Landlord’s demand (with appropriate backup as to the billing information), for all electricity used by Tenant in default under any of the Premises as measured by a meter or submeter (as applicable), including, all electricity for lights and 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. Notwithstanding the terms and provisions of this LeaseArticle 13, if, for more than five (5) consecutive business days following written notice from Tenant to Landlord, Landlord shall maintain fail to commence and diligently pursue to completion the Premises restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the public restoration of any such utility or other service is within Landlord’s reasonable control and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for not caused by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning’s negligence or willful misconduct (subject in all cases to delays caused by Force Majeure Events), and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord as a result of such failure (i) Tenant shall not be liable reasonably able to Tenant for any loss or damage caused by or resulting from any variation, interruptionuse and occupy, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to have access to, the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the 20 Xxxxxx Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the 22 Xxxxxx Premises or the Building 28 Xxxxxx Premises (as applicable) or a material portion thereof, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall provide promptlybe abated in proportion to the portion of the 20 Xxxxxx Premises, upon request of Landlord, written proof the 22 Xxxxxx Premises or the 28 Xxxxxx Premises (as applicable) that Tenant is unable to use as a result of such paymentfailure from the date such use and occupancy is impaired until the date immediately following the day on which such interruption, curtailment or suspension ends and such service is restored (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).

Appears in 1 contract

Samples: Lease (Aspen Technology Inc /De/)

Services and Utilities. As long as Tenant is not in default under any of 13.1 Subject to the other provisions of this Lease, Landlord shall maintain agrees to furnish to the Premises during 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), the public following services and common areas utilities subject to the rules and regulations of the BuildingBuilding prescribed from time to 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 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 Landlord’s demand, for all electricity used by Tenant in the Premises. The charge shall be at the rates charged for such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned services by the act or omission 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 repair net actual amount Landlord pays for such electricity after any abatement, rebates or other credits. In the absence of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machinesLandlord’s gross negligence or willful misconduct, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable for, and 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 an unreasonable time after written notice of such failure is given to Landlord by Tenant for any loss or damage 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 resulting from by any variationother cause, interruptionsimilar or dissimilar, or failure beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to such remedy any interruption in the furnishing of services due to any cause whatsoeverand utilities. No temporary interruption or failure of such services incident Water, heat and air conditioning (subject to the making 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 repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's the reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any Landlord and the terms of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentthis Lease.

Appears in 1 contract

Samples: Early Possession Agreement (Cray Inc)

Services and Utilities. As long Landlord agrees to furnish services and utilities to the Premises twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (265) days per year (collectively, “Tenant’s Operating Hours”) subject to the current Rules and Regulations of the Building or Project, a copy of which is attached hereto as Exhibit C, and provided that Tenant is not in default under hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area), up to 800 amps of electricity for Tenant’s lights and plugs for normal use as general office and a 24 hour call/data center, heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises; lighting replacement for building standard lights (for the Common Area); window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only. During Tenant’s Operating Hours, Landlord shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC or other customary Building services during Non-Business Hours, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. HVAC units serving the Premises shall be replaced in accordance with Exhibit D attached hereto. Upon and after execution of this Lease by Landlord and Tenant, Landlord and Tenant agree that they will use good-faith and commercially reasonable and diligent efforts to negotiate a mutually agreeable amended Exhibit D to be attached to this Lease, which amended Exhibit D shall (a) provide more detailed specifications and requirements for when HVAC units serving the Premises need to be replaced, and (b) be consistent with the purpose and intent of the original Exhibit D (i.e., the Exhibit D attached to Lease upon Lease execution). Tenant, at Tenant’s sole cost and expense, shall: (i) obtain and pay for all electricity used to power the lights and electrical outlets located within the Premises as measured by a separate meter to the Premises; (ii) obtain and pay for all replacement bulbs and ballasts in the Premises; and (iii) supply all paper and other products used within the Premises. Upon Tenant’s request, Landlord shall replace bulbs and ballasts in the Premises, and Tenant shall pay Landlord for the cost of such light bulbs and ballasts plus Landlord’s reasonable administrative and labor costs associated with light bulb and ballast replacement. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, from time to time during the Term and upon thirty (30) days prior written notice to Tenant (except that no notice is necessary in the event of an emergency or electricity shortage or stoppage), to contract for the provision of electricity (or any other utility) with, and to switch from, any company providing such utility so long as the provision of any such services does not materially adversely affect Tenant’s operations. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall 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 provisions foregoing services, or (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 this LeaseLandlord, Landlord shall maintain or by the making of necessary repairs or improvements to the Premises, Building or Project, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises and or Project, or (d) the public and common areas limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the BuildingPremises, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act Building or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial serviceProject. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant for any loss is granted the right to purchase electricity from a provider other than the company or damage 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 Tenant’s electricity provider (including, but not limited to, expenses and/or fines incurred by or Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premises, as well as damages resulting from any variation, interruption, the improper or failure to such services due to any cause whatsoever. No temporary interruption faulty installation or failure construction of such services incident to facilities or equipment in or on the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Premises by Tenant or relieve Tenant’s electricity provider). If Tenant from any of Tenant's obligations hereunder. Before installing any uses heat generating machines or equipment in the Premises that generates more than a minimum amount of heataffects the temperature otherwise maintained by the HVAC system, Tenant shall obtain Landlord reserves the written permission of Landlord, and Landlord may refuse right to grant such permission if the amount of heat generated would place an undue burden on the install supplementary air conditioning system of the Building. If Tenant uses any high-power-usage equipment units in the PremisesPremises and the cost thereof, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as including the cost of furnishing electricity for the installation, operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount and maintenance thereof, shall be paid by Tenant to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, Landlord upon request of Landlord, written proof of such paymentdemand therefor.

Appears in 1 contract

Samples: Lease (Integrated Alarm Services Group Inc)

Services and Utilities. As long as Tenant is not in default under any Lessor agrees to furnish to the Premises during reasonable hours of generally recognized business days, and subject to the reasonable rules and regulations applicable to all tenants of the provisions Building of which the Premises are a part attached hereto as Exhibit C, electricity for all lighting and power supplies shown on the Final Plans for the Interior Improvements, heat and air conditioning required for the comfortable use and occupation of the Premises, and daily janitorial service. Lessor shall also maintain in good condition and repair and keep lighted the common stairs, common entries, common toilet rooms and all other common areas within and without the Building of which the Premises are a part. At a minimum, Lessor shall furnish to Lessee the minimum levels of the following utilities and building services set forth below without adjustment of the monthly rent and without an obligation for Lessee to pay for such utilities and services, except as provided in Section 8 of this Lease, Landlord shall : Lighting 24 hours - 7 days per week HVAC sufficient to maintain the Premises a comfortable temperature and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment ventilation in the Premises that generates more than a minimum amount (comparable to similar office uses) during the hours of heat7 am to 7 pm, Tenant Monday thru Friday (national holidays excepted) (the "Standard Weekday Hours") and during such additional hours and for portions of the Premises as Lessee shall obtain the written permission of Landlordspecify for Saturdays, Sundays, national holidays, and Landlord may refuse other Monday through Friday hours (other than the Standard Weekday Hours). Direct Expenses for the Base Year and each Comparison Year shall include the cost incurred by the Lessor to grant such permission if operate the HVAC during the Standard Weekday Hours and for the equivalent of an additional four (4) hours of full HVAC operation for the entire Premises at other times each week. Any HVAC service in excess of the amount of heat generated would place an undue burden on to be included in Direct Expenses shall be charged directly to the air conditioning system Lessee at Lessor's actual cost. Janitorial Service of the Building. If Tenant uses any high-power-usage equipment quality typically provided for first class office buildings in the PremisesMarin County, Tenant shall in advanceMonday through Friday, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity except national holidays A Limited access security system for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building parking garage, as mutually approved by Lessor and shall provide promptly, upon request of Landlord, written proof of such paymentLessee.

Appears in 1 contract

Samples: Oacis Healthcare Holdings Corp

Services and Utilities. As long as Tenant is not in default under any of Section 14.1. Subject to the provisions of Section 8.1 with respect to excessive use and Tenant’s obligation to contract directly for Utilities Services, from and after the Rent Commencement Date, Landlord will provide to the Premises: air conditioning and heating during the seasons they are required in Landlord’s reasonable judgment ; Janitorial Services to the extent not being provided by or through Tenant on Monday through Friday (or at Landlord’s option, Sunday through Thursday) only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping; and exterior window cleaning service. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed or as otherwise provided in this Lease), Landlord Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the Premises jurisdiction in which the Building is located and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned otherwise approved by the act or omission of Tenant, the repair of which damage shall be paid for by TenantLandlord. Landlord shall furnish the Premises with install a meter to measure Tenant’s electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hoursusage. Landlord shall also provide light replacement service for At Tenant’s or Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat’s election, Tenant shall obtain contract directly with the written permission utility providers to supply electric power sufficient for Tenant’s use of the Premises for the Permitted Use, and standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains. Tenant agrees that it shall not overtax the Building’s electrical system or electric capacity, or the Building’s HVAC capacity. In the event that, in the reasonable judgment of Landlord’s engineers, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of Tenant does overtax the Building. If Tenant uses any high-power-usage equipment in ’s electrical system or electric capacity and/or the Building’s HVAC capacity, as aforesaid, including without limitation as a consequence of Tenant’s excessive use of the Premises, Tenant shall in advance, on be responsible for (i) all costs of upgrading the first day electrical system and/or the HVAC system of each month during the least term, pay Building so that such system(s) will have adequate capacity for Tenant’s operations and (ii) any and all additional or accelerated costs to Landlord as Additional Rent relating to the reasonable amount estimated by Landlord as the cost repair and replacement of furnishing electricity for the operation of any such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated hereinsystem. Tenant shall pay prior have access to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request twenty four (24) hours per day each day of Landlord, written proof the year (except in the event of such paymentan emergency).

Appears in 1 contract

Samples: Lease Agreement (Invitae Corp)

Services and Utilities. As long as Tenant is not 14.1 Subject to Tenant’s performance of its obligations specified in default under any of the provisions of this Lease, Landlord shall maintain provide the following services in a manner consistent with the manner in which such services are provided in comparable multi-story office buildings in Xxxxxxxxxx County, Maryland, taking into account the age, finishes on the Lease Commencement Date, method of construction and system design of the Building and of such comparable buildings: (a) Landlord will furnish to the Premises air-conditioning and heating during the public seasons they are required in Landlord’s reasonable judgment; and common areas of (b) Landlord will provide janitorial service on Monday through Friday after 5:00 p.m. (or, at Landlord’s option, Sunday through Thursday) only (excluding legal holidays) in accordance with the Buildingcleaning specifications which are attached hereto as Exhibit G, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity sufficient for lighting and the operation of low-power-usage office machines, heat purposes and normal air conditioningoffice use only, hot and cold water for lavatory purposes and cold water for drinking purposes, elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency), and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlordexterior window-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial cleaning service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services maintain comfortable atmosphere conditions in all or any portion of the Premises due to excessive heat generated by any equipment or machinery installed by Tenant (with or without Landlord’s consent), due to any cause whatsoever. No temporary interruption adverse impact that Tenant’s furniture, equipment, machinery or failure millwork may have upon the delivery of such services incident HVAC to the making of repairs, alterations, or improvements, Premises or due to accident the occupancy load. If Tenant requires air-conditioning or strike or conditions or events heat beyond the Building Hours, then Landlord will furnish the same, provided Tenant gives Landlord sufficient advance notice of such requirement. Tenant shall pay, as additional rent, for such extra service in accordance with Landlord's reasonable control ’s then-current schedule, which shall reflect Landlord’s cost of providing such service, including labor, cost of electricity, wear and tear on equipment, and an allowance to cover general overhead. If the same after-hours service is also requested by other tenants on the same floor as Tenant, the charge therefor to each tenant requesting such after-hours service shall be deemed an eviction a pro-rated amount based upon the square footage of Tenant or relieve Tenant from any the leased premises of Tenant's obligations hereunderall tenants on the same floor requesting such after-hours services. Before installing any equipment in Notwithstanding anything above to the Premises that generates more than a minimum amount of heatcontrary, Tenant shall obtain have access to the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system Building twenty-four (24) hours per day each day of the Building. If Tenant uses any high-power-usage equipment year (except in the Premises, Tenant event of an emergency). Landlord shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity provide and install replacement tubes for Building standard fluorescent light fixtures (subject to reimbursement pursuant to Article V); all other bulbs and tubes for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Premises shall be provided and installed by Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such paymentat Tenant’s expense.

Appears in 1 contract

Samples: Office Lease Agreement (Capitalsource Inc)

Services and Utilities. As long as Provided that Tenant is not in default under any hereunder, Tenant shall have access to and Landlord agrees to furnish to the Premises or where applicable the Building and Common Areas subject to the rules and regulations of the provisions Building and during normal business hours, as defined below, all utilities, hot and cold water, heating, cooling, temperature control, air movement, ventilation and filtration; security services and life safety devices in compliance with applicable city, state or federal codes for the Building itself, not the Premises; landscaping, snow and ice removal; elevator service; rest room supplies; light bulbs; vermin control; and janitorial services required in Landlord's reasonable judgment for the comfortable use and occupation of this Leasethe Premises. All such services shall be suitable and comparable to services provided to comparable local buildings. Upon Tenant's request, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of provide essential services at time other than Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and 's normal air conditioning, and elevator service during ordinary business hours, provided, however, that Tenant shall pay for such additional services. Landlord shall also provide light replacement service for Landlord-furnished lightingmaintain and keep lighted the common stairs, toilet room supplies, window washing at reasonable intervals, common entries and customary building janitorial servicerest rooms in the Building. Landlord shall not be liable to for, and Tenant for shall not be entitles to, any loss or damage caused reduction of Rent by or resulting from any variation, interruption, or reason of Landlord's failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from furnish any of Tenant's obligations hereunderthe foregoing. Before installing Landlord shall not be 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 any of the foregoing. Wherever heat generation machines or equipment other than normal office equipment are used in the Premises that generates more than a minimum amount of heat, Tenant shall obtain which affect the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on temperature otherwise maintained by the air conditioning system of system, Landlord reserves the Building. If Tenant uses any high-power-usage equipment right to install supplementary air conditioning units in the PremisesPremises and the cost thereof, Tenant shall in advanceincluding, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover installation, and the cost of furnishing electricity for such purpose unless so stated hereinoperation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant Tenant's normal business hours shall pay prior be Monday through Friday 8:00 a.m. to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.6:00 p.m.

Appears in 1 contract

Samples: Lease (Lynch Corp)

Services and Utilities. As long as A. Provided Tenant is shall not be in default under any hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), 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, and elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, "as is," and suitable for the Permitted Use, and for Tenant's intended operations in the Premises. Landlord shall have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord elects to provide such services at Tenant's request, Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering 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 of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever 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 in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Tenant to Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for upon demand by Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.

Appears in 1 contract

Samples: Lease (Access Integrated Technologies Inc)

Services and Utilities. As long as Tenant is not in default under any A. Subject to the provisions elsewhere herein contained and to the rules and regulations of the provisions of this LeaseBuilding, Landlord shall maintain furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditions as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgment, customarily furnished in comparable first class office buildings in the immediate Foster City market area, and elevator service, which shall mean servxxx xxther by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges and agrees that Tenant's use of the Premises after ordinary business hours (defined as 7:00 a.m. to 6:00 p.m.) and outside of generally recognized business days (generally recognized business days shall not include Saturdays, Sundays, and legal holidays) imposes additional burden on the Project's janitorial services, fluorescent light tubes, HVAC and electrical service, and other common area utilities and services. Accordingly, any such after hours use of such utilities or other services will be made available and will be billed as an after-hour Rent assessment. After-hours use may be metered by Landlord with a bypass timer located on the applicable floors of the Building or through establishment of a monthly after hours assessment based upon Landlord's reasonable estimate of Tenant's usage. Such costs will be payable by Tenant to Landlord within thirty (30) days after demand as Additional Rent. Tenant agrees to keep and cause to be kept closed all window covering 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 of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever 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 in the Premises and the public cost thereof, including the cost of installation and common areas the cost of the Buildingoperation and maintenance thereof, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Tenant to Landlord shall furnish the Premises with electricity for lighting and the operation of low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for upon demand by Landlord-furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior to delinquency all personal property taxes payable with respect to all property of Tenant located on the Premises or the Building and shall provide promptly, upon request of Landlord, written proof of such payment.

Appears in 1 contract

Samples: Parking License Agreement (Imanage Inc)

Services and Utilities. As long as Tenant is not in default under any of the provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Building, such as lobbies, stairs, corridors and restrooms, in reasonably good order and condition except for damage occasioned by the act or omission of Tenant, the repair of which damage shall be paid for by Tenant. Landlord shall furnish the Premises with following services: (a) air conditioning and heating in season Monday through Friday from 8:00 a.m. - 6:00 p.m., and Saturdays from 8:00 a.m. - 1:00 p.m., Legal Holidays excluded; at other times, air conditioning and heating will be furnished at the then Building standard charge (payable by Tenant to Landlord on written demand by Landlord) and on then Building standard terms relating to advance notice, minimum hours, minimum zones, and other matters; (b) janitorial and general cleaning service on Business Days; (c) passenger elevator service from the Building's lobby to the Premises; (d) common restroom facilities and necessary lavatory supplies, including cold running water; and (e) electricity for the purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities for the operation Premises (excluding electricity for separately metered equipment exclusively serving the Premises, such as supplemental HVAC units, the costs for which shall be paid by Tenant to Landlord upon receipt of low-power-usage office machines, heat an invoice from Landlord). Landlord shall have the right to select the Building's electric service provider and to switch providers at any time and to increase the normal air conditioning, and elevator service during ordinary business hours. Landlord shall also provide light replacement service for Landlord-Tenant's use of electrical, HVAC or other services furnished lighting, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service. by Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variationexceed, interruptioneither in voltage, rated capacity, use, or failure overall load, that which Landlord deems to such services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations hereunder. Before installing any equipment in the Premises that generates more than a minimum amount of heat, Tenant shall obtain the written permission of Landlord, and Landlord may refuse to grant such permission if the amount of heat generated would place an undue burden on the air conditioning system of standard for the Building. If Tenant uses any high-power-usage equipment in the Premises, Tenant shall in advance, on the first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment. The monthly Rent stated in Subsection 1.g hereof does not include any amount to cover the cost of furnishing electricity for such purpose unless so stated herein. Tenant shall pay prior all costs associated with any such additional utility or service usage, including the installation of separate meters. In no event shall Landlord be liable for damages resulting from the failure to delinquency all personal property taxes payable with respect furnish any service, and any interruption or failure shall in no manner entitle Tenant to all property any remedies including abatement of Tenant located on Rent. The HVAC air distribution system and control system will remain under the Premises or the Building and shall provide promptly, upon request control of Landlord, written proof who will regulate the systems' setting and adjustment. At Landlord's option, Landlord may secure HVAC controls (thermostats) in lockable metal boxes to regulate the efficiency and use of the system. Tenant agrees that Landlord will have complete control over the setting and regulation of all air distribution, vents, vanes and dampers so as to provide comfortable working conditions. If at any time during the Lease Term the Project has any type of access control system for the Parking Areas or the Building, Landlord shall furnish Tenant, at Landlord's cost and expense, a number of access cards equal to the number of occupants of the Premises at the time such paymentsystem is installed. Any replacement cards shall be purchased from Landlord by Tenant at the then Building standard charge.

Appears in 1 contract

Samples: Office Lease (Riot Blockchain, Inc.)

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