Services and Utilities. 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 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 Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand therefor.
Appears in 3 contracts
Sources: Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.), Sublease Agreement (Aegerion Pharmaceuticals, Inc.)
Services and Utilities. 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 As long as Tenant is not in default 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 under any of the Premisesprovisions 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 event act or omission of Tenant, the HVAC is used during the respective overtime hours there repair of which damage shall be a charge of seventy-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 areapaid for by Tenant. 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs with electricity for lighting and the operation of its low-power-usage office machines, heat and normal air conditioning, and elevator service during ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 Premiseshours. Landlord shall not be in default hereunder or be liable also provide light replacement service for any damages directly or indirectly resulting fromLandlord-furnished lighting, nor shall Rent be abated by reason of (a) the installationtoilet room supplies, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing serviceswindow washing at reasonable intervals, 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, 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 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 Projectand customary building janitorial service. Landlord shall not be liable under to Tenant for any circumstances for a 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 or injury to property or business, however occurring, through, in connection with or incidental such services incident to the failure making of repairs, alterations, or improvements, or due to furnish accident or strike or conditions or events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or relieve Tenant from any such servicesof Tenant's obligations hereunder. Notwithstanding anything contained herein to Before installing any equipment in the contrary, if Tenant is granted the right to purchase electricity from Premises that generates more than a provider other than the company or companies used by Landlordminimum amount of heat, Tenant shall indemnify, defendobtain the written permission of Landlord, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, may refuse to grant such permission if the acts or omissions amount 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 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 heat generated would place an undue burden on the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering air conditioning system of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by TenantBuilding. If Tenant uses machines or any high-power-usage equipment that generates excessive heat in the Premises that affects Premises, Tenant shall in advance, on the temperature otherwise maintained first day of each month during the least term, pay Landlord as Additional Rent the reasonable amount estimated by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including as the cost of installationfurnishing 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, operation and maintenance thereofupon request of Landlord, shall be paid by Tenant to Landlord within thirty (30) days written proof of demand thereforsuch payment.
Appears in 3 contracts
Sources: Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc), Office Lease (Watchguard Technologies Inc)
Services and Utilities. Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s 's reasonable judgment judgement for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s charges 's actual costs therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 2 contracts
Sources: Lease Agreement (Dovebid Inc), Lease Agreement (Dovebid Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 2 contracts
Sources: Office Building Lease (Photon Dynamics Inc), Lease Agreement (Air Methods Corp)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, 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 Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (aI) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, computers, servers and associated equipment using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of Premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of Premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost.
Appears in 2 contracts
Sources: Commercial Lease (Investment Grade R.E. Income Fund, L.P.), Commercial Lease (Investment Grade R.E. Income Fund, L.P.)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, 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 Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as Lessor’s Initials Lessee’s Initials determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electrical current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this Article shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through, existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water heater or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any, such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Lease Agreement (Dovebid Inc)
Services and Utilities. 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 Provided that Tenant is not in default hereunder. Services , Landlord agrees to furnish to the premises during reasonable hours of generally recognized business days, to be determined by Landlord in his sole discretion and utilities shall include reasonable quantities subject to the rules and regulations of the complex, electricity (for the Common Area)normal lighting and fractional horsepower office machines, heating, ventilation heat and air conditioning (HVAC) as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy occupation of the Premisespremises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 areajanitorial service. 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 entries, and restrooms toilet rooms 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 building of which 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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., premises are 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 the 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 ▇▇▇▇-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 Premisespart. Landlord shall not be in default hereunder or be liable for and Tenant shall not be entitled to any damages directly or indirectly resulting from, nor shall Rent be abated reduction of rental by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts, or other labor disturbances or labor disputes of any condition character, or event by any other cause similar or dissimilar beyond the reasonable control of Landlord, 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 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 businessproperty, however occurring, through, through or in connection with with, or incidental to the failure to furnish any such servicesof the foregoing. 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses Wherever heat generating machines or equipment that generates excessive heat are used in the Premises that affects premises which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises premises, and the cost thereof, thereof including the cost of installation, installation and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord within thirty upon demand by Landlord. Tenant will not without written consent of Landlord use any apparatus or device in the premises including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts which will in any way increase the amount of electricity usually furnished or supplied for the use of the premises as general office space; nor connect with electric current except through existing electrical outlets in the premises any apparatus or device for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually famished or supplied for the use of the premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may at his option either: (301) days cause a water meter or electrical current meter to be installed in the premises so as to measure the amount of water and electric current consumed for any such use; or (b) assess a reasonable charge in a constant amount to cover the maintenance, and repair thereof shall be paid for by Tenant and Tenant agrees to pay to Landlord promptly upon demand therefortherefor by Landlord 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 furnishing the same plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer. Tenant will permit access to the premises during normal business hours to installers or repairmen of utility services, whether in furtherance of Tenant's services or those of others.
Appears in 1 contract
Services and Utilities. Landlord agrees to furnish shall provide the following listed services and utilities to the Premises during normal business hours on generally recognized business daysutilities, 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 hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area), namely:
22.1 heating, ventilation ventilation, and air conditioning (“HVAC”) as required in Landlord’s reasonable judgment for the Premises to maintain temperatures for comfortable use and occupancy twenty-four (24) hours a day, seven (7) days a week;
22.2 electric energy in accordance with Section 23 following;
22.3 automatic passenger elevators providing adequate service leading to the floor on which the Premises are located;
22.4 evening, unescorted janitorial services to the Premises including removal of trash;
22.5 hot and cold water sufficient for drinking, lavatory toilet and ordinary cleaning purposes from fixtures either within the PremisesPremises (if provided pursuant to this Lease) or on the floor on which the Premises are located, provided that to the extent reasonably possible, all water and in the event the HVAC is used during the respective overtime hours there sewage lines shall be a charge routed away from the computer data center;
22.6 replacement of seventy-five dollars ($75.00) per hour lighting tubes, lamp ballasts and bulbs;
22.7 rextermination and pest control when and if necessary; and
22.8 maintenance of additional usage subject to change, based on Landlords costs to provide such services; window washing and janitor services Common Areas in a manner that such services are customarily furnished to comparable consistent with other first class suburban office buildings in the area. Landlord shall supply common area water for drinkingBaltimore-Washington corridor, cleaning and restroom purposes only and elevator services Tenantincluding, 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, landscaping and 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 the 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 demandsnow removal. Notwithstanding anything to the contrary contained hereinforegoing, Landlord may, at its option, if at any time during the Term, arrange Landlord shall, after reasonable investigation determine that trash and similar waste generated by Tenant and/or emanating from the Premises is in excess of that of other standard office and data center tenants within the Building leasing a premises of the same or similar size to have electric usage directly metered or submetered to that of the Premises, in which event Tenant will pay the utility company (or Landlord in the event of submetering without any profit or shall ▇▇▇▇-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 and 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 to 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 not be in default additional rent 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand thereforthe date of Landlord’s invoice for the same, those costs and expenses of trash removal which are reasonably attributable to such excess trash and similar waste generated by Tenant and/or emanating from the Premises. Landlord shall use reasonable efforts to perform the services and provide the utilities required under this Section 22 in a manner which avoids inconvenience, annoyance or injury to Tenant. Landlord reserves the right to stop service of the HVAC, elevator, plumbing and electric systems, when necessary, by reason of accident, or emergency, or for repairs, alterations, replacements, or improvements, which in the judgment of Landlord are desirable or necessary to be made, until said repairs, alterations, replacements, or improvements shall have been completed with due diligence and reasonable efforts by Landlord; provided, however, that Landlord shall make all reasonable efforts to avoid such stoppage, and, if such stoppage nonetheless is required, to coordinate with Tenant and avoid inconvenience, annoyance or injury to Tenant arising out of the stoppage. Landlord shall have no responsibility or liability for failure to supply HVAC, elevator, plumbing, cleaning, and electric service, during said period or when prevented from so doing by laws, orders, or regulations of any Federal, State, County or Municipal authority or by strikes, accidents or by any other cause whatsoever beyond Landlord’s control. Landlord’s obligations to supply HVAC are subject to applicable laws and regulations as to energy conservation and other such restrictions. In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Landlord but the cost of such maintenance repair and/or replacement (including labor and materials) shall be paid by Tenant as additional rent.
Appears in 1 contract
Services and Utilities. 13.1 Subject to the other provisions of this Lease, Landlord agrees to furnish to the Premises the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises; (b) heat and air conditioning (which shall be controlled by Tenant); (c) cleaning and janitorial service; (d) elevator service by nonattended automatic elevators, if applicable; and, (e) equipment to bring to the Premises during electricity for lighting, convenience outlets and other normal business hours on generally recognized business days, including office use. To 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 extent that Tenant is not in default hereunder. Services and utilities billed directly by a public utility, Tenant shall include reasonable quantities pay, within five (5) days of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment demand, for the comfortable use and occupancy of the Premises, and all electricity used by Tenant in the event the HVAC is used during the respective overtime hours there Premises as measured by sub-meter. The charge shall be a charge of seventy-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 at the rates charged for such services are customarily furnished to comparable office buildings in by the arealocal public utility, without ▇▇▇▇-up. Landlord shall supply common area water for drinking, cleaning and restroom purposes only and elevator services Tenant, at TenantIn the absence of Landlord’s sole cost and expense, shall supply all paper and other products used, within the Premises. Upon Tenant’s requestnegligence or willful misconduct, Landlord shall replace light bulbs and ballasts in the Premisesnot be liable for, and Tenant shall pay not be entitled to, any abatement or reduction of rental by reason of Landlord’s failure to furnish any of the foregoing. Where there is negligence or willful misconduct by Landlord and the interruption in service shall persist for the cost an unreasonable time (in no event less than thirty (30) days) after written notice of such light bulbs failure is given to Landlord by Tenant and ballasts plus materially interferes with Tenant’s use of or access to the Premises, Rent shall ▇▇▇▇▇ from and after such thirty (30) day period until the applicable service is resumed, but there shall be no abatement (and Landlord shall have no liability) where the restoration of the interrupted service is beyond Landlord’s reasonable administrative and control due to accident, breakage, repairs, labor costs associated with light bulb and ballast replacement. During normal business hours on generally recognized business daysdisputes of any character, 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 energy usage restrictions or other services at by any other timecause, similar or dissimilar. 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 remedy any interruption 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand thereforutilities.
13.2 Intentionally deleted.
Appears in 1 contract
Sources: Lease (Soapstone Networks Inc.)
Services and Utilities. 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 So long as Tenant is not in default hereunder. Services under this Lease, Landlord shall provide the following facilities and utilities services to Tenant the costs of which shall include reasonable quantities of electricity (for the Common Area), heating, ventilation be included as Operating Expenses:
A. Central heating and air conditioning (HVAC) as required in Landlord’s reasonable judgment for during the comfortable use and occupancy seasons of the Premisesyear when these services are normally and usually furnished, and within the temperature ranges and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 amounts normally or usually furnished in a manner that such services are customarily furnished to comparable office buildings in the area. Landlord shall supply common area water for drinkingNorth Sioux City, 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 South Dakota with Tenant shall to pay Landlord for its proportionate share of 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 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, 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 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 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 utilities incurred by 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption such heating and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand Landlord’s invoice therefor.
B. Cleaning of the lobby in Landlord's standard manner and provision of water services to lavatories as normally or usually furnished in comparable office buildings in North Sioux City, South Dakota.
C. Electrical facilities to furnish sufficient electrical power to Tenant's equipment installed in accordance with Section 13 hereof; provided, however, Tenant shall be responsible to pay any and all costs associated with the use and consumption of any such electrical utility services as Operating Expenses.
D. Access to the Premises on a full-time twenty-four (24) hour basis, subject to such regulations as Landlord may impose for security reasons. Landlord shall have no obligation whatsoever to provide guard service or other security measures for the benefit of the Premises or the Project. Tenant assumes all responsibility for the protection of Tenant, its employees, agents, invitees and property from acts of third parties. Nothing herein contained shall prevent Landlord, at its sole option, from providing security protection for the Project or any part thereof, in which event the non-capital cost thereof shall be included within the definition of Operating Expenses. Tenant hereby acknowledges that existing security improvements are satisfactory. Any failure by Landlord to furnish the foregoing service resulting from Unavoidable Delays, as hereinafter defined, or from temporary interruption of the foregoing services due to repairs or maintenance, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from Tenant's obligations under this Lease; provided Landlord uses commercially reasonable efforts to restore such services. For purposes of this Section 16 and of Section 32, the term "Unavoidable Delays" shall mean any delays due to strikes; labor disputes; shortages of material, labor or energy; acts of God; governmental restrictions; enemy action; civil commotion; fire; unavoidable casualty or other causes beyond the control of Landlord and which do not arise from the gross negligence or willful misconduct of Landlord, its officers, agents, employees and licensees. If any public utility or governmental body shall require Landlord or Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, Landlord and Tenant shall comply with such requirements whether or not the utilities and services referred to in this Section are thereby reduced or otherwise affected, without reduction or adjustment of Rent hereunder. Landlord and its agents shall be permitted reasonable access to the Premises, and the right to install facilities within or through the Premises, in order to install and service the systems deemed necessary by the Landlord to provide to other tenants of the Building the services and utilities referred to in this Section.
Appears in 1 contract
Sources: Lease (MPC Corp)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, 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 hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area)Project, heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor there for on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises which consumes more electricity than is usually furnished or supplied for the use of premises as aircraft hangar space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as aircraft hangar space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish if any, as such services are customarily furnished to comparable aircraft hangar buildings in the area.
Appears in 1 contract
Sources: Lease Agreement (Air Methods Corp)
Services and Utilities. Landlord agrees to furnish services keep in good ---------------------- order, condition and utilities to repair the Premises during normal business hours on generally recognized business daysfoundations, including the hours between 8:00 a.m. exterior walls and 1:00 p.m. on Saturdays, subject to the Rules and Regulations roof of the Building Leased Property (but excluding the exterior and interior of all windows, doors, plate glass and showcases) except for reasonable wear and tear and except for any damage thereto caused by any act or Project negligence of tenant or its agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. It is an express condition precedent to all obligations of Landlord to repair and provided maintain that Tenant is not shall have notified Landlord in default 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 writing of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 need 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 repairs 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 ▇▇▇▇-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 Premisesmaintenance. Landlord shall not be obligated to perform any service or to repair or maintain any structure or facility except as provided in default hereunder this Section. Landlord shall not furnish telephone facilities or service. Landlord shall not be liable for obligated to provide any damages directly service or indirectly resulting frommaintenance or to make any repairs pursuant to this Section when such service, nor shall Rent be abated maintenance or repair is made necessary because of the negligence or misuse of Tenant, Tenant's agents, employees, servants, contractors, subtenants, licensees, customers or business invitees. Landlord reserves the right to stop any service when Landlord deems such stoppage necessary, whether by reason of (a) the installation, use accident or interruption of use of any equipment in connection with the furnishing of any of the foregoing servicesemergency, 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, or by the making of necessary for 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 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 Projectotherwise. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, through or in connection with or incidental incident to any stoppage of such services. Landlord shall have no responsibility or liability for failure to supply any services or maintenance or to make any repair when prevented from doing so by any cause beyond Landlord's control. Landlord shall not be obligated to inspect the premises and shall not be obligated to make any repairs or perform any maintenance hereunder unless first notified of the need thereof in writing by Tenant. In the event that Landlord shall fail to commence such repairs or maintenance within twenty (20) days after said notice, Tenant's sole right and remedy for such failure shall be, after further notice to Landlord, to make such repairs or perform such maintenance and to deduct the cost and expenses thereof from the rent payable hereunder; provided, however, that amount of such deduction not exceed the reasonable value of such repairs or maintenance. Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or other persons, which may be caused by the Complex or the Leased Property, or any appurtenances thereto, being out of repair or by bursting or leakage of any water, gas, sewer or steam pipe, or by theft, or by any act or neglect of any tenant or occupant of the Complex, or of any other person, by failure to furnish or interruption of, service of any such services. 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 byutility, or directly or indirectly arising fromby any other cause of whatsoever nature, 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects the temperature otherwise maintained unless caused by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost negligence of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty (30) days of demand thereforLandlord.
Appears in 1 contract
Sources: Office Lease (Expedia Inc)
Services and Utilities. Landlord agrees to furnish services and utilities to Provided 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 hereunder. Services , ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and utilities shall include reasonable quantities subject to the rules and regulations of the Building of which the Premises are a part, electricity (for the Common Area), heating, ventilation normal lighting and fractional horsepower office machines and heat and air conditioning (HVAC) as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 toilet/shower rooms 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 of which the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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., are 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 the 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 ▇▇▇▇-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 Premisespart. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting fromliable, 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, 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 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 circumstances, for a loss of or injury to property or businessproperty, however occurring, through, through or in connection with or incidental to the failure to furnish any such servicesof the forgoing. 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses Whenever heat generating machines or equipment that generates excessive heat are used in the Premises that affects which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost costs thereof, including the cost of the installation, and the cost of the operation and maintenance thereof, thereof shall be paid by Tenant to Landlord within thirty (30) days upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 130 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electrical current. If Tenant shall require electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause an electrical current meter to be installed in the Premises, so as to measure the amount of electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand therefortherefor by Landlord for all such electric current consumed as shown by said meters at the rates charged for such services by the local public utility furnishing the same, plus any additional expense insured in keeping account of the electric current so consumed. If a separate meter is not installed, such excess cost for such electric current will be established by an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Sources: Office Space Lease Agreement (Mobile Pet Systems Inc)
Services and Utilities. 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 Provided that Tenant is not in default hereunder. Services , Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and utilities shall include reasonable quantities subject to the Rules, Regulations and Procedures of the Building of which the Premises are a part, electricity (for the Common Area)normal lighting and fractional horsepower office machines, heating, ventilation heat and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 Premisesjanitorial service. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall Rent be abated reduction of rental by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord’s failure to furnish any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, 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 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 businessinjury, however occurring, through, through or in connection with or incidental to the failure to furnish any such servicesof the foregoing. 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses Wherever heat generating machines or equipment that generates excessive heat are used in the Premises that affects which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord within thirty (30) days upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefortherefor by Landlord 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 furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be reasonably estimated by Landlord, and paid by Tenant.
Appears in 1 contract
Services and Utilities. Landlord agrees to furnish services and utilities to the Premises during normal business all hours and on generally recognized business all days, including the hours between 8:00 a.m. electricity for normal lighting and 1:00 p.m. on Saturdaysfractional horsepower office machines, subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation heat and air conditioning (HVAC) as conditioning, water and sanitary sewer service required in Landlord’s reasonable judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 toilet rooms 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 of which the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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., are 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 the 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 ▇▇▇▇-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 Premisespart. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to any damages directly or indirectly resulting from, nor shall Rent be abated reduction of rental by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, 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 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 businessproperty, however occurring, through, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein of the foregoing, except as to Landlord's negligence or tortious acts; provided, however, that if 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 cannot limited to, expenses and/or fines incurred by 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for reasonably use the Premises for electricity consumption and the cost operation of any such meter and its installation, maintenance and repair Tenant's authorized business all Rent shall be paid by Landlord Accounts ▇▇▇▇▇ until the Premises is reasonably suitable for all such separately metered utilities shall be in the operation of Tenant’s name and paid for by Tenant's authorized business. If Tenant uses Wherever heat generating machines or equipment that generates excessive heat are used in the Premises that affects which extraordinarily affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the reasonable cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, and machines using in excess of 220 volts, which will in any extraordinary way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current except through electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant shall require water or electric current extraordinarily in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord, which Landlord shall not unreasonably refuse, to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in the Premises, so as to measure the amount of water and electric current consumed for any such use. The reasonable cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly within thirty (30) 20 days after demand therefor by Landlord for the extraordinary portion of demand thereforall such water and electric current consumed as shown by said meters at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineer and it is agreed that the cost of hiring such person and obtaining such estimate shall be shared equally by Landlord and Tenant.
Appears in 1 contract
Sources: Lease (New Frontier Media Inc)
Services and Utilities. Landlord Provided that Tenant is not in default hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing in a manner that such services are customarily furnished to comparable office buildings in the area. Tenant is responsible for 100% of the electrical charge of their premises. If there is not separate metering than tenant will be billed monthly for their prorated share.
Appears in 1 contract
Sources: Office Building Lease
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for customary office and provided that Tenant is not in default hereunder. Services copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable confortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s landlord's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) 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, Landlord 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 or Project, or (diii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the PremisesPremies, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed at shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Office Building Lease (Proflight Medical Response Inc)
Services and Utilities. Landlord Provided that Tenant is not in default hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning conditions ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor therefore on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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, thereof shall be paid by Tenant to Landlord within thirty (30) days upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines, or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as defined in paragraph 8(as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, landlord may have installed a water meter or electrical current meter in the Promises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately measured, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Lease Agreement (Mounger Corp)
Services and Utilities. 13.1 Landlord agrees to will furnish services and utilities to the Premises during the 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 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 Project and provided that such alternative hours of operation as Tenant may designate so long as Tenant is not in default 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 sole tenant of the PremisesBuilding. If Tenant requires air-conditioning or heat beyond the normal hours of operation, and then Landlord will furnish the same. During any period in which the event the Building is multi-tenanted, Tenant shall give Landlord reasonable advance notice of any required after-hours HVAC is used during the respective overtime hours there shall be a charge of seventy-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, service and Tenant shall pay Landlord for the cost Tenant requested HVAC service in excess of such light bulbs and ballasts plus Landlord’s reasonable administrative and labor costs associated with light bulb and ballast replacement. During normal business sixty-eight (68) 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and computer and data processing equipment. Tenant shall pay to Landlord from and after the Commencement Date, as Additional Rent per week in accordance with Section 6.1.Landlord's direct costs for providing such extra service, a sum to reimburse which shall compensate 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 Landlord's actual costs of furnishing such parties reasonable estimate of Tenant’s usage. The Tenant Electric Amount shall be adjusted from time to time during the Term if (i) there is an increase in electric energy ratesextra service, (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 ▇▇▇▇-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 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, 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 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 servicesmarkup. 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 LandlordTenant's hours of operation exceed four thousand one hundred sixty (4,160) hours in any Lease Year, Tenant shall indemnifypay to Landlord, defendas 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 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 in which the Lease 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), multiplied by (y) the number of Tenant's hours of operation in that Lease Year in excess of 4,160. For example, if the original cost of 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 in the first Lease Year were 4,420, then the excess hours over 4,160 would be 260 hours. Multiplying 260 by the Hourly Building Systems Cost ($48.07) would result in Excess Operating Hours Rent payable with respect to 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 the 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 notice 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, 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 the year. 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 in excess of 68 hours per week unless Tenant agrees to compensate Landlord for the costs of such services and utilities.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and hold harmless Landlord from and against all lossesshall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, 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 that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), then all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant’s 's failure to timely pay for any electricity provider fails that is billed directly to provide sufficient power Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a Suspension Event and shall not entitle Tenant to any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
13.3 Tenant shall employ its own contractor or personnel to furnish char and janitorial service to the Premises, and shall pay for such services directly to the contractor employed by Tenant for such purpose. Tenant's janitorial contractor, and the cleaning specifications incorporated into Tenant's contract with its janitorial contractor, shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Such services shall be provided in accordance with cleaning standards customarily maintained in first-class suburban office buildings in the North Bethesda/Rockville/Gaithersburg corridor. In the event Landlord reasonably determines that the Premises are not being kept clean in accordance with such standards, Tenant agrees to take all measures reasonably required by Landlord for the proper cleanliness of the Premises in accordance with such standards upon notice from Landlord. If Tenant fails to institute such measures promptly after notice from Landlord, Landlord shall have the right, at its option, to provide cleaning and janitorial services for the Premises in accordance with such standards and to charge Tenant all reasonable costs and expenses incurred in connection therewith, together with a fee equal to fifteen percent (15%) of such costs and expenses so incurred, as well as damages resulting from additional rent hereunder. Except in situations posing an emergency or a health hazard or danger to persons or property, Landlord shall not undertake any action under the improper preceding sentence unless such violation or faulty installation failure shall continue uncured for a period of fifteen (15) days after Landlord has given notice to Tenant of such violation or construction failure; provided that if such violation or failure is not susceptible of facilities being cured within such fifteen (15) day period, Landlord shall not undertake any action if Tenant commences curative action within such fifteen (15) day period and proceeds diligently thereafter to cure such violation or equipment in or on failure until completion. If Tenant so requests at any time during the Lease Term, Landlord will arrange for janitorial service to be furnished to the Premises by Tenant or Tenant’s electricity provider. Nothing contained Landlord's janitorial contractor; provided that, in this such instance, the two percent (2%) limit on the management fee specified in Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair 4.2(a)(ix) hereof shall be paid increased to two and one-fourth percent (2.25%). -38- 39
13.4 In the event Tenant determines that the services being furnished by any contractor (excluding the property manager) employed by Landlord Accounts for all such separately metered utilities shall be are unsatisfactory, in Tenant’s name and paid for by Tenant's reasonable judgment, Tenant shall deliver written notice to Landlord specifying in detail the manner in which the services are deemed deficient. If Tenant uses machines or equipment that generates excessive heat the deficiencies are not, in Tenant's reasonable judgment, substantially corrected during the Premises that affects 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 within next succeeding thirty (30) days days, then Tenant may deliver a further notice to Landlord advising Landlord of demand thereforsuch fact, and, provided Landlord will not incur any liability to the contractor as a result thereof, Landlord shall terminate the contract of such deficient contractor and select a qualified replacement contractor. Landlord shall not be deemed to incur any such liability if Tenant agrees to assume responsibility for any such liability. Landlord shall include a thirty-day termination for convenience clause in any service contracts in which such a clause is customary.
Appears in 1 contract
Services and Utilities. (a) Subtenant shall be entitled to receive from Master Landlord agrees to furnish all Building services and utilities in accordance with the terms of the Master Lease, including water, heated or cooled air, electricity and janitorial services, and shall be entitled to benefit from all of the covenants and obligations that Master Landlord is obligated to furnish or make in or to the Premises during normal business hours on generally recognized business days, or otherwise perform for the benefit of Sublandlord (including the hours between 8:00 a.m. maintenance and 1:00 p.m. on Saturdays, subject repair obligations) to the Rules extent applicable to the Sublease Premises pursuant to the terms and Regulations of the Building or Project and provided that Tenant is not in default 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 Premises, and conditions contained in the event the HVAC is used during the respective overtime hours there Master Lease. Sublandlord shall be a charge of seventy-five dollars ($75.00) per hour of additional usage subject take all commercially reasonable steps 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 assist Subtenant as Subtenant 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 reasonably request, at Subtenant's sole cost and expense and without liability to Sublandlord, in seeking any such benefits from the Term if Master Landlord and otherwise enforce Master Landlord's obligations under the Master Lease. Such enforcement shall be at the sole expense of Subtenant and any amount of recovery obtained by Subtenant with respect to the Sublease Premises shall be the property of Subtenant.
(ib) there is an increase in electric energy rates, (ii) Tenant installs additional fixtures, appliances or equipment, with or without Landlord’s consentThe temporary failure by Master Landlord to any extent to furnish the above-referred to services, or (iii) Tenant otherwise uses a disproportionate or increased amount of electric energyany temporary cessation thereof, 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 ▇▇▇▇-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 not be in default hereunder construed as an eviction or be liable for any damages directly or indirectly resulting fromconstructive eviction of Subtenant, nor shall Rent be abated by reason cause or result in any abatement of (a) the installationrent, use or interruption of use rent adjustments, nor relieve Subtenant from fulfillment of any equipment in connection covenant or agreement herein contained, unless and until an eviction or constructive eviction or abatement of rent or release of Sublandlord with respect to the furnishing of any Sublease Premises occurs under the terms 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, 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 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 ProjectMaster Lease. Landlord Sublandlord shall not be liable to Subtenant in any manner whatsoever for any temporary or permanent interruption in the services or utilities supplied by Master Landlord or Master Landlord's failure to supply such services, unless caused by the gross negligence or willful misconduct of Sublandlord or Sublandlord ‘s material breach of the Master Lease. Except as otherwise provided herein, the only services or rights to which Subtenant is entitled under this Sublease are those to which Sublandlord is entitled as Tenant under the Master Lease, and Subtenant will look solely to Master Landlord for all such services and rights.
(c) If Subtenant procures any circumstances additional, after-hours, excess, extraordinary, unusual or similar usage of any utilities or services from the Master Landlord which are available under the terms of the Master Lease (for a loss of or injury which Sublandlord shall use commercially reasonable efforts to property or businesscooperate with Subtenant to procure same from Master Landlord), however occurring, through, in connection with or incidental Subtenant shall pay for same at the rates charged by the Master Landlord to the failure to furnish any Sublandlord in accordance with the Master Lease and shall make such services. Notwithstanding anything contained herein payments 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 Landlord in the event Tenant’s electricity provider fails to provide sufficient power Sublandlord for remittance to the Premises, as well as damages resulting Master Landlord on or before they are due to the Master Landlord. Sublandlord will provide Subtenant a copy of the invoice(s) and any supporting documentation received by Sublandlord from the improper Master Landlord for such services or faulty installation or construction of facilities or equipment in or on utilities.
(d) During the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right Sublease Term, Subtenant agrees, at its own expense, to require at any time separate metering of pay for all utilities furnished to the Premises. Landlord shall separate, meter which are separately metered for the Sublease Premises for electricity consumption and the cost or which are billed directly to Subtenant or Sublandlord on behalf of any Subtenant. All such meter and its installation, maintenance and repair payments shall be paid directly by Landlord Accounts for all Subtenant or, if billed to Sublandlord, submitted to Sublandlord before they are due provided that Sublandlord submits a copy of such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses machines or equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand thereforSubtenant before such due date.
Appears in 1 contract
Sources: Sublease Agreement
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity and provided that Tenant is not in default 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 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor there for on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and rest rooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the the, installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing furnishing. any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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 through or In connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 installationInstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty (30) days upon demand by Landlord. Tenant agrees to pay to Landlord promptly upon demand for all utilities consumed as shown by said meters, at the rates charged for such services by the utilities plus any additional expense incurred in keeping account of the utilities so consumed. Nothing contained in this Article shall restrict Landlord's right to require at any time additional separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand thereforfor all utilities consumed at utility rates charged by the utility providers plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish such services, if any, as are customarily furnished to comparable facilities in the area.
Appears in 1 contract
Sources: Lease Agreement (Air Methods Corp)
Services and Utilities. Landlord agrees A. Tenant shall pay directly for all water, gas, heat, air conditioning, light, power, telephone, sewer, sprinkler charges and other utilities and services used on or from the Premises, together with any taxes, penalties, surcharges or the like pertaining thereto, and maintenance charges for utilities and shall furnish all electric light bulbs, ballasts and tubes. Tenant shall have the right to furnish services and utilities to the Premises during normal conduct its 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 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 operations within the Premises, and to receive reasonable quantities of water, electricity and HVAC in the event the HVAC is used during the respective overtime connection therewith, seven (7) days per week, twenty-four (24) hours there shall be a charge of seventy-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 day. If any such services are customarily furnished not separately billed or metered 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 a proportion, as determined by Landlord, of such light bulbs and ballasts plus Landlord’s reasonable administrative and labor costs associated with light bulb and ballast replacementall charges jointly serving other premises. During normal business hours on generally recognized business days, Landlord All sums payable under this Paragraph 15 shall also maintain and keep lighted the common stairs, common entries and restrooms in the Building and shall furnish elevator service and restroom suppliesconstitute Additional Rent hereunder. If Tenant desires HVAC or other services at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenantreasonably capture any material benefit available through deregulation of electricity supply or of the supply of other utilities.
B. 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, if any, as being sufficient in their present condition, "as is," for the Permitted Use, 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 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 have access to electric energy, provide such services at Tenant’s expense as provided for in this Paragraph's request, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and computer and data processing equipment. Tenant shall pay to Landlord from a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and after cause to be kept closed all window covering when necessary because of the Commencement Datesun's position, as Additional Rent in accordance and Tenant also agrees at all times to cooperate fully with Section 6.1.Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, a sum to reimburse Landlord for all electricity heating, ventilating and air conditioning systems. Wherever heat generating machines excess lighting or equipment are 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 the 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 ▇▇▇▇-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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects effect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to landlord upon demand by Landlord.
C. Tenant shall not without written consent of Landlord (which consent shall not be unreasonably withheld, delayed or conditioned) use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as reasonably determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises, if any, as reasonably determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse (which consent shall not be unreasonably withheld, delayed or conditioned), to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Landlord shall not be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; or (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building, whether by Regulation or otherwise; nor shall any such occurrence constitute an actual or constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after hours heating or air conditioning. Landlord shall be untitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility supplies in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Landlord may, but shall not be obligated to, upon notice to Tenant, contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing maintaining, repairing, replacing, or upgrading such service or any equipment or machinery associated therewith.
D. Landlord acknowledges and agrees to Tenant's exclusive use, operation, maintenance, repair and security protection of those certain underground conduit, vault and equipment facilities within thirty (30) days the Project for Tenant's telecommunication cabling and equipment. Furthermore, Tenant agrees to and accepts complete and full responsibility and control of demand thereforthe facilities described in the preceding sentence. 16.
Appears in 1 contract
Sources: Sub Sublease (Divx Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises Premises, during normal business hours on generally recognized business daysdays and during hours determined by Landlord, including the hours between 8:00 a.m. in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 services upon reasonable notice from Tenant, Tenant and Tenant shall pay Landlord’s 's charges therefor therefore on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stars, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 of: (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or ; (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, ; or (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 (diii) 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, through or in connection with or incidental to the to, failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expenses incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the cost of maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Sublease (Aurum Software Inc)
Services and Utilities. 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, days subject to the Rules and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area)electricity, heating, ventilation and air conditioning (HVAC) as required in Landlord’s 's reasonable judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-five dollars ($75.00) per hour of additional usage subject to change, based on Landlords costs to provide such services; 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 and elevator services Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used, within the Premisesonly. 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, Tenant and Tenant shall pay Landlord’s '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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 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 (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, 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 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 Tenant shall not, without the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by prior written consent of Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, use any apparatus 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 device in the event Tenant’s electricity provider fails to provide sufficient power to 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 well general office space, as damages resulting from the improper or faulty installation or construction of facilities or equipment determined by Landlord. Tenant shall not connect any apparatus to electric current except through existing electrical outlets 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 time separate metering of utilities furnished to the Premises. Landlord Tenant shall separate, meter not consume electric current in excess of that usually furnished or supplied for the Premises use of premises as general 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 electricity consumption and the by Tenant. The cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand therefor.
Appears in 1 contract
Sources: Lease Agreement (Midwest Medical Insurance Holding Co)
Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish services and utilities to the Premises during normal business hours Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), including the hours between 8:00 a.m. following services and 1:00 p.m. on Saturdays, utilities subject to the Rules rules and Regulations regulations of the Building or Project prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and provided 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 in default hereunder. Services and utilities billed directly by a public utility, Tenant shall include reasonable quantities pay, within five (5) days of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment demand, for the comfortable use and occupancy of the Premises, and all electricity used by Tenant in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 TenantThe charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s requestgross negligence or willful misconduct, Landlord shall replace light bulbs and ballasts in the Premisesnot be liable for, and Tenant shall pay Landlord 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 the cost an unreasonable time after written notice of such light bulbs failure is given to Landlord by ▇▇▇▇▇▇ 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, provided further that Landlord shall also maintain and keep lighted the common stairsnot be liable when such failure is caused by accident, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC breakage, repairs, labor disputes of any character, energy usage restrictions or other services at by any other timecause, similar or dissimilar, beyond the reasonable control of Landlord. 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 remedy any interruption in the Premisesfurnishing of services and utilities.
13.2 Should Tenant require any additional work or service, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machinesdescribed above, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 hereinservices furnished outside Building Business Hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at its optiona charge greater than Landlord’s actual out-of-pocket cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. The current charge for after-hours HVAC service, which is subject to change at any time during time, is specified on the TermReference Pages; provided, arrange to have electric usage directly metered or submetered to the Premiseshowever, in which event Tenant will pay the utility company (or Landlord in the event of submetering without any profit or ▇▇▇▇-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 not pay for electric current supplied to, the first forty (40) hours of after-hours HVAC service used by Tenant in each year of the Term (as such Term may be extended hereunder).
13.3 Wherever heat-generating machines or used, equipment are used by Tenant 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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects which affect the temperature otherwise maintained by the HVAC systemair conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, operation installation and maintenance thereofthe cost of operations and maintenance, shall be paid by Tenant to Landlord within thirty ten (3010) business days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within ten (10) business days of Landlord’s demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by ▇▇▇▇▇▇▇▇) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. ▇▇▇▇▇▇▇▇’s shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.
Appears in 1 contract
Sources: Lease Agreement
Services and Utilities. 13.1. Provided Tenant shall not be in default under this Lease, and subject to the other provisions of the Lease, Landlord agrees to furnish services and utilities to the Premises during normal business hours Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), including the hours between 8:00 a.m. following services and 1:00 p.m. on Saturdays, utilities subject to the Rules rules and Regulations regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities prescribed from time to time; (a) water suitable for normal office use of electricity the Premises; (for the Common Area), heating, ventilation h) heat and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used Premises during the respective overtime hours there shall be a charge of seventy-five dollars Building Business Hours; ($75.00c) 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 janitorial service; (d) elevator services Tenantservice by non-attended automatic elevators, at Tenant’s sole cost and expenseif applicable; and, shall supply all paper (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other products used, within normal office- use. In the Premises. Upon Tenantabsence of Landlord’s requestgross negligence or willful misconduct, Landlord shall replace light bulbs and ballasts in the Premisesnot be liable for, and Tenant shall pay Landlord not be entitled to, any abatement or reduction of rental by reason or Landlord’s failure to furnish any of the foregoing, unless such failure shall persist for the cost an unreasonable time after written notice of such light bulbs failure is given to Landlord by tenant 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, provided further that Landlord shall also maintain and keep lighted the common stairsnot be liable when such failure is caused by accident, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC breakage, repairs, labor disputes of any character, energy usage restrictions or other services at by any other timecause, similar or dissimilar, beyond the reasonable control of Landlord. 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 remedy any interruption in the Premisesfurnishing of services and utilities.
13.2. Should Tenant require any additional work or service, to have access to electric energyas described above, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s including services furnished outside ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 hereinhours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at 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 ▇▇▇▇-up to a charge less than Landlord) ’s actual cost plus overhead 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, additional service and, in such eventwhere appropriate, Tenant shall pay a reasonable allowance 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 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 depreciation 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, 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 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 is granted the right to purchase electricity from a provider other than the company or companies systems being 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 Landlord in the event Tenant’s electricity provider fails to provide sufficient power such service. The current charge for after-hours HVAC service, which is subject to the Premiseschange al any time, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or is specified on the Premises by Tenant or Tenant’s electricity provider. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand thereforReference Pages.
Appears in 1 contract
Services and Utilities. 13.1 Provided Tenant shall not be in default under this Lease, and subject to the other provisions of this Lease, Landlord agrees to furnish services and utilities to the Premises during normal business hours Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), including the hours between 8:00 a.m. following services and 1:00 p.m. on Saturdays, utilities subject to the Rules rules and Regulations regulations of the Building or Project prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) electricity and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation heat and air conditioning (HVAC) as required in Landlord’s reasonable judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used Premises during the respective overtime hours there shall be a charge of seventy-five dollars Building Business Hours; ($75.00c) 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 janitorial service; (d) elevator services Tenantservice by nonattended automatic elevators, at Tenant’s sole cost and expenseif applicable; and, shall supply all paper (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other products used, within normal office use. In the Premises. Upon Tenantabsence of Landlord’s requestgross negligence or willful misconduct, Landlord shall replace light bulbs and ballasts in the Premisesnot be liable for, and Tenant shall pay Landlord 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 the cost an unreasonable time after written notice of such light bulbs failure is given to Landlord by Tenant 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, provided further that Landlord shall also maintain and keep lighted the common stairsnot be liable when such failure is caused by accident, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC breakage, repairs, labor disputes of any character, energy usage restrictions or other services at by any other timecause, similar or dissimilar, beyond the reasonable control of Landlord. 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 remedy any interruption in the Premisesfurnishing of services and utilities.
13.2 Should Tenant require any additional work or service, to have access to electric energyas described above, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s including services furnished outside ordinary business needs hours specified above, except for lighting electricity and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, heat and 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 the 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 hereinair conditioning charges, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at 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 ▇▇▇▇-up to a charge less than Landlord) ’s actual cost plus overhead 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, additional service and, in where appropriate, a reasonable allowance for depreciation of any systems being used to provide such event, service.
13.3 Wherever heat-generating machines or equipment are used by 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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects which affect the temperature otherwise maintained by the HVAC systemair conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, operation installation and maintenance thereofthe cost of operations and maintenance, shall be paid by Tenant to Landlord within thirty five (305) days of Landlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 ▇▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within five (5) days of Landlord’s demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. Landlord’s shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.
Appears in 1 contract
Sources: Lease Agreement (Intrusion Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant’s expense. Nothing contained in this 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 pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Commercial Office Building Lease
Services and Utilities. 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 Provided that Tenant is not in default hereunder. Services , Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord in its reasonable discretion, and utilities shall include reasonable quantities subject to the rules and regulations of the Building, 11 electricity (for the Common Area)normal lighting and normal and customary office machines and equipment, heating, ventilation heat and air conditioning (HVAC) as required in Landlord’s 's reasonable judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 areajanitorial service. Landlord shall supply common area water also provide lighting 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 toilet rooms 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction in default the Rent due 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 Landlord's failure to furnish any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, 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 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 any loss of or injury to property or businessproperty, however occurring, through, through or in connection with or incidental to the failure to furnish any such servicesof the foregoing. 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses Wherever machines or equipment that generates excessive heat are used in the Premises that affects which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty upon demand by Landlord. Tenant shall not, without the prior written consent by Landlord, use any apparatus or device in the Premises, including by way of illustration and not limitation, electronic data processing machines, punch card machines and machines using in excess of 120 volts, which will in any way increase the amount of electricity used above that usually furnished or supplied for the use of the Premises as general office space; nor connect any apparatus or device with electric current lines except through existing electrical outlets in the Premises. If Tenant desires to use water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall request the same from Landlord in writing. Landlord may refuse such request, but such refusal shall not be unreasonable. If such request is granted, Landlord shall cause a separate water meter or electrical current meter to be installed in the Premises to measure the amount of water or electric current consumed. The Tenant agrees to pay promptly upon demand therefor from Landlord, the cost of any such meters and of the installation, maintenance and repair thereof, and the charges for all water and electric current consumed as shown by said meters in excess of the amount consumed in connection with the use of the Premises as general office space, at the rates charged for such services by the utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the Tenant agrees to pay the cost for such excess water and electric current as established by an estimate of the amount of such excess use made by a utility company or electrical engineer selected by Landlord. If Tenant requires heating, ventilating or air conditioning for the Premises outside of the normal and customary business hours for the Building (30) days currently Monday through Friday, 7:00 a.m. to 6:00 p.m., and Saturdays, 8:00 a.m. to 4:00 p.m., excluding holidays), then Landlord will furnish the same for the hours specified in a request from Tenant (which request will be made at the time and in the manner reasonably designated by Landlord for such requests from time to time), and for this service Tenant will pay Landlord the hourly rate reasonably determined by Landlord from time to time, which rate may include the cost of demand thereforservice to areas of the Building in addition to the Premises.
Appears in 1 contract
Services and Utilities. (a) Landlord agrees to shall furnish services and utilities to the Premises during normal business reasonable hours on of generally recognized business days, including the hours between 8:00 a.m. days to be determined by Landlord in its sole discretion and 1:00 p.m. on Saturdays, subject to the Rules rules and Regulations regulations of the Building or Project Building, electricity for normal lighting and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Area)fractional horsepower office machines, heating, ventilation heat and air conditioning (HVAC) as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-five dollars ($75.00) per hour of additional usage subject to changerestrictions or guidelines for temperature limitations provided by lawful governmental authority, 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 areajanitorial service. 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 light the common stairs, common entries entries, and restrooms toilet rooms 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. Landlord shall not be in default hereunder or be liable for and Tenant shall not be entitled to, any damages directly or indirectly resulting from, nor shall Rent be abated reduction of rental by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockout or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, 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 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 businessproperty, however occurring, through, through or in connection with or incidental to the furnishing or its failure to furnish any such servicesof the foregoing. 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses Wherever heat generating machines or equipment that generates excessive heat are used in the Premises that affects which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty as additional rent upon demand by Landlord.
(30b) days Tenant shall not, without the written consent of demand thereforLandlord, use any apparatus or device in the Premises, including but not limited to electronic data processing machines, punch card machines, and machines using in excess of 120 volts, which will increase the amount of electricity consumed by Tenant beyond that amount which is reasonably required for the use of the Premises as general office space. Tenant shall not connect with electric current, except through existing electrical outlets in the Premises, any apparatus or device, for the purpose of using electric current. If Tenant requires water, gas or electric current in excess of the amount which Landlord deems reasonable for the use of the Premises as general office space, Tenant shall first procure the written consent of Landlord (which Landlord may refuse) to the use thereof and Landlord may cause a separate water, gas or electrical current meter to be installed in the Premises to measure the amount of water, gas and electric current consumed for any such use. The cost of installation, maintenance and repair of any such meters shall be paid by Tenant. Tenant agrees to pay to Landlord as additional rent promptly upon demand, the cost of all such water, gas and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, such excess cost for such water, gas and electric current will be established and adjusted from time to time by an estimate made by a utility company or electrical engineer designated by Landlord.
Appears in 1 contract
Sources: Office Lease (Salix Holdings LTD)
Services and Utilities. Landlord agrees shall maintain or cause to furnish services be maintained the public 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 common areas of the Building Building, such as lobbies, elevators, stairs, corridors, and restrooms, in good order and condition except for damage occasioned by any act or Project and provided that omission of Tenant, the repair of which damage shall be paid for by Tenant. As long as Tenant is not in default hereunder. Services with respect to any of the provisions, covenants or conditions of this Lease on Tenant’s part to be performed, and utilities shall include reasonable quantities subject to the provisions of electricity this Section 6, Landlord will provide the following services to the Demised Premises:
(for the Common Areaa) from 8:00 a.m. to 6:00 p.m. on weekdays (“Normal Business Hours”) and from 8:00 a.m. to 1:00 p.m. on Saturdays (“Saturday Mornings”) (excluding legal and, if applicable, union holidays), heatingLandlord shall furnish the Demised Premises with water, ventilation electric, heat and air air-conditioning and elevator service;
(HVACb) as required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premisesduring all other hours, and in the event the HVAC is used during the respective overtime hours there Landlord shall be a charge of seventy-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 furnish such services are customarily furnished to comparable office buildings in the areaexcept for heat and air-conditioning. Landlord shall supply also provide light replacement service in the public and common area areas of the Building only, toilet room supplies, window washing at reasonable intervals, and customary building janitorial service, as specified in Exhibit “G” attached hereto and made a part hereof. Landlord agrees to employ a bonded or insured janitorial service company. No janitorial service shall be provided on Saturdays, Sundays or union or legal holidays. The costs of any janitorial services or any other types of services provided or caused to be provided by Landlord to Tenant which are in addition to services ordinarily provided Building tenants, shall be payable as Additional Rent by Tenant at Landlord’s then established rates. Overtime HVAC service shall be provided to the floor on which the Demised Premises are located upon twenty-four (24) hours’ prior notice to Landlord and shall be paid for by Tenant as Additional Rent at the rates therefor established by Landlord from time to time. If more than one (1) tenant on a multi-tenant floor requests overtime HVAC service, the charge therefor shall be apportioned among the tenants requesting such service. Replacement of bulbs and tubes in the Demised Premises shall be provided by Landlord and paid by Tenant at such reasonable rates as Landlord shall establish from time to time. Electricity (other than for the electricity utilized by the air conditioning compressors and fans and water for drinkingthe common areas of the Building) shall be included in the Operating Costs defined in Section 6(b)(v) hereinafter. Electricity for lighting, cleaning for operation of customary office machines and restroom purposes only for heating and elevator services Tenant, ventilating of the Demised Premises (the “Standard Electric Costs”) shall be metered pursuant to a meter maintained by Landlord at Tenant’s sole cost expense. Tenant shall also pay a pro rata share of the costs for electricity utilized by the air conditioning compressors and expensefans for the entire Building (the “Air Conditioning Electric Costs”), shall supply all paper and other products used, within calculated on a per square foot basis in accordance with the Premises. Upon same ratio as Tenant’s requestpro rata share of Operating Expenses. Tenant’s pro rata share of Standard Electric Costs and Tenant’s pro rata share of the Air Conditioning Electric Costs shall be paid for by Tenant within ten (10) days following Tenant’s receipt of Landlord’s invoice therefor at the then average rate paid by Landlord to the public utility company selected by Landlord to furnish electricity in the Building, including all surcharges, taxes, fuel adjustments, transfer charges, meter reading or similar charges regularly passed on by the public utility furnishing electricity to the Building. If the Demised Premises is less than a full floor, Landlord shall replace light bulbs and ballasts may elect only to install a single meter on the floor, in the Premises, and Tenant shall pay Landlord for which case the cost of such light bulbs meter 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 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, 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 on the Premises or Project, or (d) floor shall be apportioned equitably in such a manner as Landlord shall determine among 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 Projecttenants on such floor. Landlord shall not be liable under for any circumstances for a loss loss, injury or damage to Tenant or its or any other property caused by or resulting from any variation, interruption, or failure of such services due to any cause whatsoever, or injury from failure to property make any repairs or businessperform any maintenance, however occurring, through, in connection with or incidental incident to the failure to furnish making and performance thereof, nor shall the same constitute an eviction of Tenant or relieve Tenant from any such services. 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 obligations hereunder. Tenant shall abide by all regulations and requirements prescribed by 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption proper functioning and protection of the cost Building’s heating, ventilation and air-conditioning system. Before installing any equipment and lights which generate an undue amount of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Demised Premises that affects (equipment and lights which generate in excess of 1.75 ▇▇▇▇▇ per square foot), or before Tenant uses any high power usage equipment in the Demised Premises (i.e., equipment with power requirements equal to or in excess of 220 volt single phase 30 amperes) or before Tenant shall affect the temperature otherwise maintained by the HVAC air-conditioning system, Tenant shall obtain the prior written permission of Landlord. Landlord reserves may refuse to grant such permission unless Tenant shall agree to pay the right to install supplementary air costs of Landlord for installation of supplemental air-conditioning units capacity or electrical systems as necessitated by such equipment. In addition, Tenant shall pay Landlord, in advance, on the Premises and first day of each month during the cost thereofDemised Term, including the reasonable amount estimated by Landlord as the cost of installation, operation and maintenance thereofof supplementary air-conditioning as necessitated by Tenant’s use of such equipment. The Rent stated in Section 3 hereof does not include any amount to cover the cost of furnishing additional air-conditioning for such purposes, and such costs shall be paid payable by Tenant as Additional Rent. Landlord may in its discretion install and operate at Tenant’s cost a monitoring/metering system in the Demised Premises to measure the added demands on heating, ventilation, and air-conditioning systems resulting from Tenant’s heat generating high power equipment usage, and after hours service requirements and Tenant shall pay to Landlord within thirty (30) days as Additional Rent the cost of demand thereforproviding any such additional heating, ventilating or air-conditioning to the Demised Premises. Landlord shall have the same rights with respect to non-payment of amounts due from Tenant for any of the above-described additional services it has with respect to the non-payment of Rent hereunder.
Appears in 1 contract
Sources: Office Lease (Combinatorx, Inc)
Services and Utilities. Landlord Provided that Tenant is not in default hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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; Landlord shall also maintain and keep lighted the common stairs, common entries 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 restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to If Tenant uses heat generating machines or equipment in the contrary, if Tenant is granted Premises which affect the right to purchase electricity from a provider other than temperature otherwise maintained by the company or companies used by LandlordHVAC system, Tenant shall indemnifynot, defendwithout the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, 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 Landlord in the event Tenant’s electricity provider fails to provide sufficient power to the Premisesof consent, as well as damages resulting from the improper Landlord may have installed a water meter or faulty installation or construction of facilities or equipment electrical current meter in or on the Premises by Tenant to measure the amount of water or Tenant’s electricity providerelectric current consumed. Nothing contained in this Section shall restrict Landlord’s right to require at any time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord Accounts promptly upon demand for all such separately metered utilities water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Landlord shall furnish electric service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in Tenant’s name and paid for by Tenant. If Tenant uses machines or equipment a manner that generates excessive heat such services are customarily furnished to comparable office buildings in the Premises that affects 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 within thirty (30) days of demand thereforarea.
Appears in 1 contract
Services and Utilities. (a) Subject to the provisions of paragraph (c) below, Landlord agrees to furnish services that all water, sewer, electricity, gas, telephone and other utilities will be available 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 hereunder. Services and utilities shall include reasonable sufficient 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 Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs 's reasonably anticipated requirements for lighting general office use.
(b) Tenant agrees to pay directly to the service provider or, if not separately billed, to Landlord as additional rent, all water rent and sewer service charges chargeable to the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and computer and data processing equipmentBuilding. Tenant shall pay to Landlord from all costs of electricity, gas, telephone and after other utilities used or consumed on the Commencement Datepremises, as Additional Rent together with all taxes, levies or other charges on such utilities. If Tenant defaults 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 the 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 payment of any and all such surveys shall be paid by Landlordutilities, 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 hereincharges or taxes, Landlord may, at its optionoption following not less than ten (10) days prior written notice to Tenant, at any time during pay the Term, arrange to have electric usage directly metered or submetered to the Premisessame for and on Tenant's account, in which event Tenant shall promptly reimburse Landlord therefor.
(c) Landlord agrees to provide reasonable roof and exterior Building and exterior site maintenance, repair, refurbishing, and landscaping, maintenance, repair, refuse removal from the exterior dumpster (it being understood that Tenant will pay be responsible for its own refuse removal within the utility company interior of the premises), snow removal, illumination of the parking and common areas within the Property (or Landlord as defined in Section 6, below). Tenant shall, at its own expense, provide its own janitorial and maintenance services for maintenance of the event interior of submetering without any profit or ▇▇▇▇-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 throughout the rate prevailing for Tenant’s class term of use as established by such company or companies. Electric current shall be measured in a consistentthe Lease, commercially reasonable manner and shall be billed by Landlord as Additional Rent keep all trash and paid by Tenant on a monthly basis. If permitted by law, Landlord shall have the right, in Landlord’s reasonable discretion, debris properly stored until picked up at any time and from time to time during the Term, to contract for the provision of electricity Tenant's expense.
(or any other utilityd) 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 the rent be abated by reason of (ai) the installation, use or of interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or services to be furnished by Landlord as set forth in this Lease; (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building premises or Project, Building; or (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 (diii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premisespremises of Building, Building or Projectexcept in each case to the extent caused by Landlord's negligence and willful acts and that of Landlord's agents, employees, contractors, invitees and licensees. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein , except to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used extent caused by Landlord's negligence and willful acts and that of Landlord's agents, Tenant shall indemnifyemployees, defendcontractors, invitees 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand thereforlicensees.
Appears in 1 contract
Sources: Office Lease (Neustar Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 installationInstallation, operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current In excess of that usually furnished or supplied for the use of premises as general office space (30as determined by Landlord) days without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at Its sole cost.
Appears in 1 contract
Sources: Office Lease (Valuestar Corp)
Services and Utilities. Landlord Provided that Tenant is not in default hereunder, ▇▇▇▇▇▇▇▇ agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) 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, Landlord 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 or Project, or (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 Including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlet in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current in the Premises to measure the amount of water or electric current consumed. Nothing contained in this Article 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 pay promptly upon demand thereforfor all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (aI) the installationInstallation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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, installation operation and maintenance thereof, thereof shall be paid by Tenant to Landlord within thirty upon demand Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, ***CROSSED OUT TEXT***consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly up demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed by Landlord. Nothing contained in this Article 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 pay promptly upon demand for all utilities consumed utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Services and Utilities. A. Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to shall furnish services and utilities to the Premises during normal ordinary business hours on of generally recognized business days, including the hours between 8:00 a.m. and 1:00 p.m. on to be determined by Landlord (but exclusive, in any event, of Saturdays, subject to the Rules Sundays and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Arealegal holidays), heatingwater for lavatory and drinking purposes and electricity, ventilation heat and air conditioning (HVAC) as required in Landlord’s reasonable judgment usually furnished or supplied for the comfortable use and occupancy of the PremisesPremises 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 event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 are, in Landlord's judgment, customarily furnished to 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 supply common area water for drinkinghave no obligation to provide additional or after-hours electricity, cleaning and restroom purposes only and elevator heating or air conditioning, but if Landlord elects to provide such services Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used, within the Premises. Upon Tenant’s '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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and computer and data processing equipment. Tenant shall pay to Landlord from a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and after cause to be kept closed all window covering when necessary because of the Commencement Datesun's position, as Additional Rent in accordance and Tenant also agrees at all times to cooperate fully with Section 6.1.Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, a sum to reimburse Landlord for all electricity heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are 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 the 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 ▇▇▇▇-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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (30and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Landlord shall not be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) days the installation, use or interruption of demand thereforuse of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building, whether by Regulation or otherwise; nor shall any such occurrence constitute an actual or constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Tenant shall have no right to contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
C. Tenant shall pay, upon demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant's Proportionate Share of all charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Services and Utilities. A. Subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to shall furnish services and utilities to the Premises during normal ordinary business hours on of generally recognized business days, including the hours between 8:00 a.m. and 1:00 p.m. on to be determined by Landlord (but exclusive, in any event, of Saturdays, subject to the Rules Sundays and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Arealegal holidays), heatingwater for lavatory and drinking purposes and electricity, ventilation head and air conditioning (HVAC) as required in Landlord’s reasonable judgment usually furnished or supplied for the comfortable use and occupancy of the PremisesPremises 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 hear-generating machines, excess lighting or equipment), janitorial services during the times and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 are, in Landlord's judgement; customarily furnished to 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. Landlord shall supply common area water for drinkinghave no obligation to provide additional or after-hours electricity, cleaning and restroom purposes only and elevator heating or air conditioning, but if Landlord elects to provide such services Tenant, at Tenant’s sole cost and expense, shall supply all paper and other products used, within the Premises. Upon Tenant’s '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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and computer and data processing equipment. Tenant shall pay to Landlord from a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and after cause to be kept closed all window covering when necessary because of the Commencement Datesun's position, as Additional Rent in accordance and Tenant also agrees at all times to cooperate fully with Section 6.1.Landlord and to abide by all of the regulations and requirements which Landlord may prescribe for the proper functioning and protection of electrical, a sum to reimburse Landlord for all electricity heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are 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 the 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 ▇▇▇▇-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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (30and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Landlord shall not be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) the installation, use or interruption of use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or any other accidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building, whether by Regulation or otherwise; nor shall any such occurrence constitute an actual or constructive eviction of Tenant. Landlord shall further have not obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Tenant shall have no right to contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or Tenant's operations therein from any supplier or provider of such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith. The --- rent for a pro-rata portion of the premises obviously and directly affected by ------------------------------------------------------------------------------ an occurrence or event that is the Landlord's responsibility for maintenance, ---------------------------------------------------------------------------- for five days or greater with a written notice provided to Landlord, will be ---------------------------------------------------------------------------- abated beginning the sixth day until remedied. ---------------------------------------------
C. Tenant shall pay, upon demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant, Tenant's Proportionate Share of demand thereforall charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15 shall constitute Additional Rent hereunder.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days. and during hours determined by Landlord in its sole discretion, 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 Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, . or (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 (diii) 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, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if 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 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 uses heat generating machines 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty upon demand by Landlord. Tenant shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation, electronic data processing machines, punch card machines or machines using in excess of 120 volts, which consumes more electricity than is usually furnished or supplied for the use of premises as general office space, as determined by Landlord Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises, Tenant shall not consume water or electric current in excess of that usually furnished or supplied for the use of premises as general office space (30) days as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter or electrical current meter in the Premises to measure the amount of water or electric current consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand thereforfor all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility plus any additional expense incurred in keeping account of the water and electric current so consumed. If a separate meter is not installed, the excess cost for such water and electric current shall be established by an estimate made by a utility company or electrical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service, lighting replacement for building standard lights, restroom supplies window washing and janitor services in a manner that such services are customarily furnished to comparable office buildings in the area.
Appears in 1 contract
Sources: Office Building Lease (Newgold Inc)
Services and Utilities. (SEE RIDER) Except as otherwise provided in this Lease, Landlord agrees to furnish services and utilities to the Premises during normal business hours on generally recognized business days, including the and during hours between 8:00 a.m. determined by Landlord in its sole discretion, and 1:00 p.m. on Saturdays, subject to the Rules and Regulations of the Building or Project Project, electricity for normal desk top office equipment and provided that Tenant is not in default hereunder. Services normal copying equipment, and utilities shall include reasonable quantities of electricity (for the Common Area), heating, ventilation and air conditioning ("HVAC") as required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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, Tenant and Tenant shall pay Landlord’s 's charges therefor on demand. Landlord may provide telecommunications lines shall also maintain and systems as discussed in Section 35 hereof. Tenant shall be entitled through keep lighted the transmission facilities installed common stairs, common entries and restrooms in the Premises, to have access to electric energy, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 PremisesBuilding. 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 (ai) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, or (bii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 (diii) the limitationlimitations, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or ProjectProject imposed by governmental requirement or by the utility company furnishing such services. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, through or in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider services other than the company as a result of Landlord's gross negligence 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenantwillful misconduct. If Tenant uses heat generating machines or equipment that generates excessive heat in the Premises that affects which affect the temperature otherwise maintained by the HVAC system, Landlord reserves Tenant shall be responsible for the right to install installation of 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. Tenant shall not connect any apparatus with electric current except through existing electrical outlets in the Premises. Tenant shall not consume water in excess of that usually furnished or supplied for the use of premises as general office space (as determined by Landlord), without first procuring the written consent of Landlord, which Landlord may refuse, and in the event of consent, Landlord may have installed a water meter in the Premises to measure the amount of water consumed. The cost of any such meter and of its installation, maintenance and repair shall be paid for by the Tenant and Tenant agrees to pay to Landlord within thirty (30) promptly upon demand for all such water plus any additional expense incurred in keeping account of the water so consumed. If a separate meter is not installed, the excess cost for such water shall be established by an estimate made by a utility company or mechanical engineer hired by Landlord at Tenant's expense. Nothing contained in this Article shall restrict Landlord's right to require at any time separate metering of utilities furnished to the Premises. In the event utilities are separately metered, Tenant shall pay promptly upon demand for all utilities consumed at utility rates charged by the local public utility plus any additional expense incurred by Landlord in keeping account of the utilities so consumed. Tenant shall be responsible for the maintenance and repair of any such meters at its sole cost. Landlord shall furnish elevator service and exterior window washing in a manner that such services are customarily furnished to comparable office buildings in the area. Notwithstanding the above, Tenant shall have access to the Building and use of the Premises, at will, 24 hours per day, 365 days per year. Tenant shall contract for and pay the appropriate supplier directly for all utility services specifically serving the Premises, janitorial services and supplies, HVAC maintenance and repairs, and any other services and utilities serving the Premises which are not otherwise the obligation of demand thereforLandlord in accordance with the Lease.
Appears in 1 contract
Services and Utilities. 13.1 Provided no Event of Default has occurred and is continuing, and subject to the other provisions of this Lease, Landlord agrees to furnish services and utilities to the Premises during normal business hours Building Business Hours (specified on the Reference Pages) on generally recognized business daysdays (but exclusive in any event of Sundays and national and local legal holidays), including the hours between 8:00 a.m. following services and 1:00 p.m. on Saturdays, utilities subject to the Rules rules and Regulations regulations of the Building or Project prescribed from time to time: (a) hot and provided 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 in default hereunder. Services and utilities billed directly by a public utility, Tenant shall include reasonable quantities pay, within five (5) days of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required in Landlord’s reasonable judgment demand, for the comfortable use and occupancy of the Premises, and all electricity used by Tenant in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 TenantThe charge shall be at the rates charged for such services by the local public utility. Alternatively, Landlord may elect to include electricity costs in Expenses. In the absence of Landlord’s requestgross negligence or willful misconduct, Landlord shall replace light bulbs and ballasts in the Premisesnot be liable for, and Tenant shall pay Landlord 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 the cost an unreasonable time after written notice of such light bulbs failure is given to Landlord by T▇▇▇▇▇ 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, provided further that Landlord shall also maintain and keep lighted the common stairsnot be liable when such failure is caused by accident, common entries and restrooms in the Building and shall furnish elevator service and restroom supplies. If Tenant desires HVAC breakage, repairs, labor disputes of any character, energy usage restrictions or other services at by any other timecause, similar or dissimilar, beyond the reasonable control of Landlord. 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 remedy any interruption in the Premisesfurnishing of services and utilities.
13.2 Should Tenant require any additional work or service, to have access to electric energyas described above, at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s including services furnished outside ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 hereinhours specified above, Landlord may, at its optionon terms to be agreed, 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 upon reasonable advance notice by T▇▇▇▇-up ▇, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord) ’s actual cost plus overhead 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, additional service and, in where appropriate, a reasonable allowance for depreciation of any systems being used to provide such eventservice. The current charge for after-hours HVAC service, which is subject to change at any time, is specified on the Reference Pages.
13.3 Wherever heat-generating machines or equipment are used by 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 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects which affect the temperature otherwise maintained by the HVAC systemair conditioning system or Tenant allows occupancy of the Premises by more persons than the heating and air conditioning system is designed to accommodate, in either event whether with or without Landlord’s approval, Landlord reserves the right to install supplementary heating and/or air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation, operation installation and maintenance thereofthe cost of operations and maintenance, shall be paid by Tenant to Landlord within thirty five (305) days of demand thereforLandlord’s demand.
13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 2000 w▇▇▇▇ and/or 20 amps or 120 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any apparatus or device for the purposes of using electrical current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord for the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay to Landlord within five (5) days of Landlord’s demand, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by L▇▇▇▇▇▇▇) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed.
13.5 Tenant will not, without the written consent of Landlord, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Subject to Landlord’s reasonable rules and regulations and the provisions of Articles 6 and 26, Tenant shall be entitled to the use of wiring (“Communications Wiring”) from the existing telecommunications nexus in the Building to the Premises, sufficient for normal general office use of the Premises. Tenant shall not install any additional Communications Wiring, nor remove any Communications Wiring, without in each instance obtaining the prior written consent of Landlord, which consent may be withheld in Landlord’s sole and absolute discretion. L▇▇▇▇▇▇▇’s shall in no event be liable for disruption in any service obtained by Tenant pursuant to this paragraph.
Appears in 1 contract
Services and Utilities. 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 Provided that Tenant is not in default hereunder. Services hereunder and utilities subject to the rules and regulations of the Office Building, Landlord shall include reasonable quantities of electricity (for furnish to the Common Area), heating, ventilation Premises heating and air conditioning (HVAC) as required in Landlord’s ' s reasonable judgment for the comfortable use and occupancy occupation of the Premises, and in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 requestjanitorial services will be provided five days per week, Landlord shall replace light bulbs Monday through Friday (except holidays). Electricity to the Premises for normal lighting 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 replacementfractional horsepower office machines will be furnished twenty-four hours per day seven days per week. 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 building of which the Premises are pan except for damage occasioned by the act of 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 which damage shall be entitled through the transmission facilities installed in the Premises, to have access to electric energy, repaired by Landlord at Tenant’s expense as provided for in this Paragraph, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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's expense. Landlord shall not be in default hereunder or liable for, and Tenant shall not be liable for entitled to, any damages directly or indirectly resulting from, nor shall Rent be abated reduction of rental by reason of (a) the installation, use or interruption of use of any equipment in connection with the furnishing of Landlord's failure to furnish any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where when such failure or delay is caused by accident accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any condition character, or event by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, 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 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 in case of negligence under any circumstances for a loss of or injury to property or businessproperty, however occurring, through, through or in connection with or incidental to the failure to furnish any such servicesof the foregoing. 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be paid by Landlord Accounts for all such separately metered utilities shall be in Tenant’s name and paid for by Tenant. If Tenant uses Wherever heat generating machines or equipment that generates excessive heat are used in the Premises that affects which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right right, but shall have no obligations, to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof, thereof shall be paid by Tenant to Landlord within thirty (30) days of upon demand thereforby Landlord.
Appears in 1 contract
Services and Utilities. Landlord agrees to furnish Tenant shall provide and pay for the following services and utilities to the Premises during normal business hours on generally recognized business daysutilities:
(A) Electricity for standard office lighting fixtures, including the hours between 8:00 a.m. and 1:00 p.m. on Saturdaysequipment and accessories, subject to the Rules of such type and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable such quantities of electricity (for the Common Area), heating, ventilation and air conditioning (HVAC) as required are customary in Landlord’s reasonable opinion for normal general office use, where the connected electrical load of all of the same does not exceed such amount as maybe made available by Landlord, based on the judgment of Landlord’s engineers as to the safe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises.
(B) Heat and air-conditioning for the comfortable use and occupancy of the PremisesPremises under normal business operations by a normal general office tenant, and during Normal Business Hours (as defined in the event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 areaArticle 25). Landlord shall supply common area water not be responsible for inadequate air-conditioning or ventilation to the extent the same occurs because Tenant uses any item of equipment consuming more than 500 w▇▇▇▇ at rated capacity without providing adequate air-conditioning and ventilation therefor.
(C) Water for drinking, cleaning lavatory and restroom purposes only toilet purposes.
(D) Operatorless passenger elevator service (if the Property has such equipment serving the Premises), and elevator services Tenant, at Tenant’s sole cost and expense, shall supply all paper subject to scheduling by Landlord) in common with Landlord and other products usedtenants and their contractors, within agents and visitors.
(E) Janitorial services in and about the Premises. Upon TenantSuch janitorial services shall be at a standard at least equal to that of the janitorial services provided by reasonable landlords of office buildings comparable to the Building and shall include, without limitation, customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday. Tenant shall select and contract with a third party supplier of such janitorial services, which selection shall be subject to Landlord’s requestwritten approval, which approval Landlord shall replace light bulbs not unreasonably withhold. Tenant shall indemnify Landlord for all damages, costs, losses, liability, legal fees and ballasts in costs (including, without limitation, attorneys’ fees) and any other amounts resulting from any property damage, personal injury or death directly or indirectly arising from or related to (i) any act or omission by of such janitorial services or its employees, agents or contractors or (ii) the Premisesselection and engagement of such janitorial services by or on behalf of Tenant. If Tenant fails to cause the performance of the janitorial services required by this paragraph, Landlord, without limiting its rights or remedies under this Lease or under applicable law, shall have the right, but not the obligation, to undertake such janitorial services as it deems appropriate, and Tenant shall pay Landlord for as Additional Rent hereunder the cost of such light bulbs and ballasts plus services undertaken by Landlord, along with Landlord’s related 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 energycharges, at Tenant’s expense the same time as provided for in this Paragraphthe installment of Base Rent next coming due or, in the Premises in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machinesif earlier, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 demand.
(F) Trash removal services. If for any reason any of the above utilities and services cannot be, or are not, provided directly to Tenant, then Landlord shall provide such services to Tenant, and Tenant shall pay as Additional Rent hereunder the cost of such services undertaken by Landlord, along with Landlord’s demand. Notwithstanding anything to the contrary contained herein, Landlord mayrelated reasonable administrative and other charges, at its optionthe same time as the installment of Base Rent next coming due or, at any time during the Termif earlier, arrange to have electric usage directly metered or submetered to the Premises, in which event Tenant will pay the utility company within twenty (or Landlord in the event of submetering without any profit or ▇▇▇▇-up to Landlord20) for such usagedays after demand. Landlord may choose, install and operate meters and/or any other reasonable systems for monitoring or estimating or for supplying any services or utilities used by Tenant in excess of those deemed customary by Landlord (including a system for Landlord’s engineer to reasonably estimate any such excess usage). If any of such systems indicate in Landlord’s reasonable discretionopinion that Tenant has used such excess services or utilities, the company or companies that will provide all electricity (or any other utility) then Landlord may require Tenant 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 discretioncharges for installing and operating any of such systems and any supplementary air-conditioning, at any time and from time to time during the Termventilation, to contract for the provision of electricity heat, electrical or other systems or equipment (or any other utility) with, adjustments or modifications or increased wear 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 tear to the electric (existing Systems and Equipment) and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other utilitycauses beyond Landlord’s reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or (subject to the provisions of paragraph 9 (B)) linesrender Landlord liable to Tenant for abatement of Rent, feeders, risers, wiring and other machinery located within the Premisesor relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event 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 installationloss of profits, use or business 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, 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 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 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 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat in the Premises that affects 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 within thirty (30) days of demand thereforconsequential damages.
Appears in 1 contract
Sources: Office Lease (NGTV)
Services and Utilities. A. Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to shall furnish services and utilities to the Premises during normal ordinary business hours on of generally recognized business days, including the hours between 8:00 a.m. and 1:00 p.m. on to be reasonably determined by Landlord (but exclusive, in any event, of Saturdays, subject to the Rules Sundays and Regulations of the Building or Project and provided that Tenant is not in default hereunder. Services and utilities shall include reasonable quantities of electricity (for the Common Arealegal holidays), heatingwater for lavatory and drinking purposes and electricity, ventilation heat and air conditioning (HVAC) as required in Landlord’s reasonable judgment usually furnished or supplied for the comfortable use and occupancy of the PremisesPremises 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 event the HVAC is used during the respective overtime hours there shall be a charge of seventy-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 are, in Landlord's judgment, customarily furnished to in comparable office buildings in the immediate market area. Landlord shall supply common area water for drinking, cleaning and restroom purposes only and elevator services Tenantservice, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at Tenant’s sole cost the option of Landlord. Tenant acknowledges that Tenant has inspected and expenseaccepts the water, shall supply all paper electricity, heat and air conditioning and other products used, within utilities and services being supplied or furnished to the Premises. Upon Tenant’s request, Landlord shall replace light bulbs and ballasts in Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and Tenant shall pay Landlord normal office use in their present condition, "as is," and suitable 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 TenantPermitted Use, 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 in such reasonable quantity as shall be sufficient to meet Tenant’s ordinary business needs for lighting and the operation of its ordinary business machines, including without limitation, photocopy equipment, telephone equipment, microwaves, coffee machines, and 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 the 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 ▇▇▇▇-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 's intended operations 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 not be in default hereunder have no obligation to provide additional or be liable for any damages directly after-hours electricity, heating or indirectly resulting fromair conditioning, 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 but if Landlord elects to furnish or delay in furnishing any provide such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (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 is granted the right to purchase electricity from a provider other than the company or companies used by Landlordat Tenant's request, Tenant shall indemnifypay to Landlord, defendupon demand, a reasonable charge for such services as reasonably 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 hold harmless Tenant also agrees at all times to cooperate fully with Landlord from and against to abide by all lossesof the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of electrical, claimsheating, demandsventilating and air conditioning systems. Wherever heat-generating machines, 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 provide sufficient power to the Premises, as well as damages resulting from the improper or faulty installation or construction of facilities excess lighting 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 time separate metering of utilities furnished to the Premises. Landlord shall separate, meter for the Premises for electricity consumption and the cost of any such meter and its installation, maintenance and repair shall be 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 equipment that generates excessive heat are used in the Premises that affects which affect the temperature otherwise maintained by the HVAC air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord within thirty upon demand by Landlord.
B. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, and the Permitted Use, in each case as of the date Tenant takes possession of the Premises and as determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (30and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed. Following receipt of Tenant's request to do so, Landlord shall use good faith efforts to restore any service specifically to be provided under Paragraph 15 that becomes unavailable and which is in Landlord's reasonable control to restore; provided, however, that Landlord shall in no case be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) days the installation, use or interruption of demand therefor.use of any equipment used in connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof;
Appears in 1 contract
Sources: Annual Report