Services and Utilities. Provided that Tenant is not in default hereunder, 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 subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor 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.
Appears in 2 contracts
Sources: Office Building Lease (Cross Country Healthcare Inc), Office Building Lease (Cross Country Healthcare Inc)
Services and Utilities. (a) Landlord shall maintain the Building Common Areas, the common areas of the Office Park, the windows in the Building, the mechanical, plumbing and electrical equipment serving the Building, and the structure itself, in reasonably good order and condition, except for damage occasioned by the act of Tenant, which damage Landlord shall repair at Tenant's expense.
(b) Provided that Tenant is 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 furnish to the Premises janitorial services during reasonable hours of generally recognized business daysthe times and in the manner that such services are, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for 's judgment, customarily furnished in comparable office buildings in the comfortable use immediate market area, elevator service and occupation of the Premises, and janitorial water service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in furnish the Building Common Areas with heat, air conditioning, electric and water required in Landlord's judgment for the use of which the Premises are a partBuilding Common Areas. Landlord shall establish separate electrical service and metering of the Premises. All electric bills associated with the separate meters shall be sent directly to Tenant for payment.
(c) Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the rental herein reserved be entitled to, any reduction of rental abated by reason of, (i) the installation, use or interruption of Landlord’s failure to furnish use of any equipment in connection with the furnishing of any of the foregoing utilities and services, (ii) failure to furnish, or delay in furnishing, any such utilities or services when such failure is or delay shall be caused by accidentacts of God or the elements, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar accidents or dissimilar, other conditions which shall be beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of , or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right making of repairs or improvements 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 upon demand by Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises, includingto the Building or to the Office Park, but without limitation theretoor (iii) the limitation, electronic data processing machinescurtailment, punch card machines, and machines using in excess of 120 volts, which will in any way increase the amount of electricity usually furnished rationing or supplied for the restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever which shall serve the Premises as general office space; nor connect with electric current except through existing electrical outlets in or the PremisesBuilding. Furthermore, 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 entitled to cooperate voluntarily in a reasonable manner with the Tenant and Tenant agrees efforts of national, state or local governmental agencies or utilities suppliers in reducing energy or other resource consumption, not to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed as shown by said meters, at affect 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 Tenant's 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 engineermeter.
Appears in 2 contracts
Sources: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)
Services and Utilities. Provided Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. In the event that Tenant is not in default hereunderany electric light bulbs, tubes and ballasts servicing the Premises require replacement, Landlord agrees shall provide such replacement within a reasonable period of time and notice from Tenant and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. Landlord shall furnish all battery packs for emergency lighting and fire extinguishers and Tenant shall pay all costs and expenses incurred by Landlord in connection therewith within ten (10) business days of Landlord’s demand. If any such services are not separately metered to furnish to the Premises during reasonable hours Tenant, Tenant shall pay such proportion of generally recognized business daysall charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be determined reasonable. Any such charges paid by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and assessed against Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure immediately payable to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises on demand and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordadditional rent hereunder. 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, 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. In the event that Landlord may refuseestablishes a cafeteria in the Building, upon Tenant’s request, Landlord shall, at its sole cost and expense, arrange for such cafeteria to be separately metered. Landlord shall in no event be liable for any interruption or failure of utility services on or 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 therefor 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.
Appears in 2 contracts
Sources: Sublease (Conceptus Inc), Lease Agreement (Verisity LTD)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of on generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor 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 and 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.
Appears in 2 contracts
Sources: Office Building Lease (Castle Biosciences Inc), Office Building Lease (Castle Biosciences Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, 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 subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 upon demand by Landlord. (a) Tenant will not, not without the written consent of Landlord, Landlord use any apparatus or device in the Premises, including, but without limitation theretolimitation, electronic data processing machines, punch card machines, and machines using excess lighting or using in excess of 120 110 volts, which will in any way increase the amount of gas, electricity or water usually furnished or supplied for the use of the Premises as general office space; nor connect with electric current current, except through existing electrical outlets in the Premises, or water pipes or gas outlets, any apparatus or device, device for the purpose of using electric current. If Tenant shall require water gas, electrical current or electric current any other resource in excess of that usually furnished or supplied for the use of the Premises as general office space. Tenant shall notify Landlord of the use thereof. Tenant shall bear and pay upon written demand any additional expense related to any Utilities that are in excess of ordinary office requirements. In the event that Landlord installs special metering or other similar equipment to measure such excess usage, Tenant shall first procure be responsible for all costs of such equipment, its installation, maintenance, repair, and/or replacement, and other expenses related thereto.
(b) Other than as provided in Section 19 herein, Landlord shall promptly notify Tenant in writing of any anticipated material interruption of utilities or services due to, among other things, repairs, maintenance or the written consent like. To the extent that Landlord has control over the timing of Landlordthe interruption, which Landlord may refuse, will coordinate a mutually agreeable time with Tenant. Landlord will use its reasonable efforts 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 minimize the amount of water and electric current consumed time of any interruption of services.
(c) Except as specifically set forth herein, Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) failure to furnish or delay in furnishing any such use. The cost utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any such meters and character, any other accidents or other conditions unless directly resulting from Landlord’s intentional misconduct, financial malfeasance or inability, or negligence, or (ii) the limitation, curtailment, rationing or restriction by governmental authority or imposed by the utility supplier on use of installationwater or electricity, maintenance and repair thereof gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Building. Furthermore, Landlord shall be paid for by entitled to cooperate voluntarily in a reasonable manner with the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed efforts of national, state or local governmental agencies or utilities suppliers in reducing energy or other resources consumption, so long 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 Landlord’s activities do not materially interfere with Tenant’s use of the water Premises 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 the Common Areas or electrical engineerincrease Tenant’s costs.
Appears in 2 contracts
Services and Utilities. Provided that Tenant is Lessee shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light (including, without limitation, replacement ballasts, tubes and bulbs), heat, air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all other services supplied to or consumed on the Premises. Lessee shall arrange and pay for all gas and electricity separately metered to the Premises. Janitorial services for the Premises and telephone services required by Lessee shall also be arranged and paid for by Lessee. The lack or shortage of any service or utility described in this Article due to any cause whatsoever shall not in default affect Lessee’s obligations hereunder, 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 subject to the rules Lessee shall faithfully keep and regulations observe all of the Building terms, conditions and covenants of which the Premises are a partthis Lease and pay all Rentals due hereunder without diminution, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial servicecredit or deduction. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord Lessor shall not be liable under any circumstances for a loss injury to or death of or injury loss or damage to propertypersons or property or damage to Lessee’s business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines Lessee shall not connect or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance 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 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 permit connection with electric current current, gas or water supply lines, except through existing electrical outlets in outlets, gas lines or water lines, respectively, servicing the Premises. If Lessee should require additional water, gas and/or electric current, to the extent not separately metered to 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 Lessee shall first procure the written consent of LandlordLessor, which Landlord Lessor may refuserefuse for any reason, to the use thereof and Landlord Lessor may cause a water water, gas meter or electrical electric current meter to be installed in the Premises, Premises so as to measure the amount of water water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant Lessee and Tenant Lessee agrees to pay to Landlord Lessor, as additional rent promptly upon demand therefor by Landlord Lessor, for all such water 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 water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineerengineer selected in good faith by Lessor. Lessee shall not, without Lessor’s prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Lessee requires additional capacity, Lessee shall request Lessor to provide such capacity, which request Lessor may refuse in Lessor’s sole discretion. If additional capacity is furnished, Lessee shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.
Appears in 2 contracts
Sources: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord Lessor agrees to furnish to the Premises premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretionLessor, and subject to the rules and regulations of the Building building of which the Premises premises are a part, water and electricity suitable for normal lighting and fractional horsepower office machinesthe intended use of the premises, heat and air conditioning required in Landlord’s judgment necessary for the comfortable use and occupation of the Premisespremises, and janitorial service. Landlord Lessor shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building building of which the Premises demised premises are a part. Landlord shall not be liable for, and Tenant Lessee shall not be entitled to, to any abatement or reduction of rental by reason of Landlord’s Lessor's failure to furnish any of the foregoing when such failure is caused by accidentaccidents, breakage, repairs, strikes, lockouts or of other labor disturbances or labor disputes of any character, or by any other similar cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances Lessor; provided, should Lessor fail to furnish such services for a loss continuous period of or injury time in excess of ten (10) days unless the result of causes beyond Lessor's reasonable control, Lessee shall, as of the eleventh (11th) day have the right to property, however occurring, through or in connection with or related to reduce its rental by reason of such failure to furnish any of the foregoingsupply services. Wherever heat generating machines or equipment are used in the Premises premises which affect the temperature otherwise maintained by the air conditioning system, Landlord . Lessor reserves the right to install supplementary air conditioning units in the Premises premises and the cost thereof, including the cost of installation, installation and the cost of operation and maintenance thereof thereof, shall be paid by Tenant Lessee to Landlord Lessor upon demand by LandlordLessor. Tenant Lessee will not, without the written consent of LandlordLessor, use any apparatus or device in the Premisespremises, including, including but without limitation thereto, computers, electronic data processing machines, punch card machines, machines and machines using current in excess of 120 110 volts, which will in any way increase the amount of electricity or water usually furnished or supplied for the use of the Premises premises as general office space; nor connect with electric current current, except through existing electrical outlets in the Premisespremises, or water pipes, any apparatus or device, for the purpose purposes of using electric currentcurrent or water. If Tenant Lessee shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office space, Tenant Lessee shall first procure the written consent of LandlordLessor, which Landlord Lessor may refuse, to the use thereof and Landlord Leasee may cause a water meter or electrical electric current meter to be installed in the Premisespremises, 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 Lessee and Tenant Lessee agrees to pay to Landlord Lessor promptly upon demand therefor by Landlord Lessor 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 expenses 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.
Appears in 2 contracts
Sources: Lease Agreement (Ticketmaster Online Citysearch Inc), Lease Agreement (Citysearch Inc)
Services and Utilities. Provided that Tenant is Landlord shall not in default hereunder, Landlord agrees be obligated to furnish to the Premises during reasonable hours of generally recognized business daysany services or utilities (including, to be determined by Landlord at his sole discretionwithout limitation, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable forservices), and Tenant shall contract directly with the providers of all services and utilities Tenant desires to receive at the Premises, at Tenant’s sole cost and expense. Tenant shall have the right to add alternative electricity sources such as additional solar panels, the installation of which shall be subject to Section 3.4. Landlord is not be entitled toresponsible for the furnishing of, or any reduction interruption, diminishment or termination of, services or utilities, whether due to the application of rental by reason Laws, the failure of Landlord’s failure to furnish any equipment, the performance of the foregoing when such failure is caused by accident, breakagemaintenance, repairs, strikes, lockouts improvements or other labor disturbances or labor disputes of any characteralterations, or by utility interruptions, and no such interruption, diminishment, or termination shall render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any other causecovenant or agreement. Except as expressly set forth in Article 9, similar or dissimilarbelow, beyond the reasonable control of Landlord. Landlord shall not in no event be liable required under any circumstances provision of this Lease or applicable Law to maintain or repair or to make any alterations, rebuildings, replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for a loss of providing and procuring all other services necessary to its operations in and on the Premises. If Tenant (or injury to property, however occurringany party claiming by, through or under Tenant) pays directly to the provider for any energy consumed at the Buildings, Tenant, promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about consumption that Landlord, in connection with its reasonable judgment, is required to disclose to a prospective buyer, tenant or related mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to failure to furnish any make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the foregoingCalifornia Civil Code or any similar or successor laws now or hereinafter in effect. Wherever heat generating machines or equipment are used in At Landlord’s request, Tenant shall provide Landlord information regarding Tenant’s energy usage at the Premises which affect from time to time (provided that Landlord shall hold such information confidential to the temperature otherwise maintained by extent Landlord is not required to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such information to make public statements about the 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 upon demand by Landlord. Tenant will not, without written consent sustainability profile or “green” nature of Landlord, use any apparatus or device in the PremisesLandlord’s affiliates, 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 therefor 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 engineerproperties).
Appears in 2 contracts
Sources: Lease Agreement (Ionis Pharmaceuticals Inc), Purchase and Sale Agreement (Ionis Pharmaceuticals Inc)
Services and Utilities. Provided that 9.01 Utilities ---------
(a) Tenant is not shall be solely responsible for supplying all utilities, heating and air-conditioning equipment in default hereundersuch manner as a reasonable, prudent owner of the Premises would do. Tenant shall promptly pay for, as and when they fall due, all costs of supplying hot and cold water, electricity, fuel, gas, steam, sewer charges and other utilities, forms of energy, or other services to or used in respect of the Premises and the Tenant's operation therein.
(b) If the heating and cooling equipment shall require maintenance, repair or replacement, Tenant shall promptly arrange for the necessary work to be done at its expenses by contractors approved by the Landlord, or Landlord agrees to furnish may at its option, attend to the Premises during same at Tenant's expense with reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject promptness having regard to the rules and regulations then existing climatic conditions but in any event Landlord, having so attended, shall not be liable for any losses or damages arising from the resulting lack of the Building of which the Premises are a partheating or cooling and, electricity for normal lighting and fractional horsepower office machinesin any event, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable forfor any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or cooling unless caused as a result of the negligence of the Landlord or those for whom it is in law responsible.
(c) Tenant shall promptly pay as and when the same shall be payable all costs for all fittings, machine apparatus, connections, including, but not limited to telephone installation, and meters and all work, services and rental charges, charged or performed in connection with any services or utilities provided to or in respect of the Premises including the costs of maintaining and repairing all such items. Tenant shall pay the total cost of and carry out any replacement of electric light bulbs, tubes, starters and ballasts in the Premises.
(d) Tenant's use of any such utilities shall not be entitled toexceed the available capacity of the existing systems from time to time. If Tenant desires at any time to obtain any such utilities in excess of such available capacity, Tenant may supply and install at its expense any reduction of rental by reason special wires, conducts or other equipment necessary to provide such additional capacity subject to the prior written consent of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. .
(e) Landlord shall not be liable under responsible for the inadequacy of any circumstances for a loss of heating or injury to property, however occurring, through or in connection with or related to failure to furnish any cooling of the foregoing. Wherever heat generating machines Premises if (i) the use or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost occupancy of installation, and the cost of operation and maintenance 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 120 volts, which will in any way increase or (ii) the amount of electricity usually furnished electrical or supplied for the use of the Premises as general office space; nor connect with electric current except through existing electrical outlets in other power consumed on the Premises, any apparatus or device, for (iii) the purpose configuration of using electric current. If Tenant shall require water partitions 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 other items on the Premises, so as or (iv) the failure of Tenant to measure keep the amount equipment in good maintenance or repair or (v) the failure of water and electric current consumed Tenant to adequately shade exterior windows, interferes with or impairs the functioning of equipment 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 therefor 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 heating or cooling 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 engineerPremises.
Appears in 2 contracts
Sources: Lease Agreement (SMTC Corp), Lease Agreement (SMTC Corp)
Services and Utilities. Provided that Tenant Lessee is not in default hereunder, Landlord Lessor agrees to furnish to the Premises during reasonable the hours of set forth in the Rules and Regulations (attached hereto as Exhibit E) on generally recognized business daysdays Monday through Friday, to be determined by Landlord Lessor at his its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord Lessor shall provide electricity for normal fighting and fractional office machines and water to the Premises and shall also maintain and keep lighted the common stairs, common entries entries, elevator service, and toilet rooms restroom facilities in the Building of which the Premises are a part. Landlord Lessor shall not be liable for, and Tenant Lessee shall not be entitled to, any reduction of rental by reason of Landlord’s Lessor's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other -other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, cause beyond the reasonable control of Landlordthe Lessor. Landlord Lessor shall not be liable under any circumstances for a loss of or injury to propertyPremises, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord Lessor reserves the right to install supplementary air conditioning units in the Premises premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant Lessee to Landlord Lessor upon demand by LandlordLessor. Tenant Lessee will not, without written consent of LandlordLessor, use any apparatus or device in the Premises, including, but without limitation thereto, electronic data processing machines, punch card machines, 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 and will 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 Lessee 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 Lessee shall first procure the written consent of LandlordLessor, which Landlord Lessor may refuse, to for the use thereof and Landlord Lessor 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 the installation, maintenance and repair thereof shall be paid for by the Tenant Lessee and Tenant Lessee agrees to pay to Landlord Lessor promptly and upon demand therefor by Landlord Lessor 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.
Appears in 1 contract
Sources: Lease (Business Objects Sa)
Services and Utilities. Provided that Tenant is not in default hereunder, 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 subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor 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.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his its sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing, except as to Landlord's negligence or willful acts. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance 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 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 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 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 therefor by Landlord for all such water and electric current consumed as shown by said meters, 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. Notwithstanding the foregoing, if any essential service to be provided is interrupted or curtailed for a period of forty-eight (48) hours and is caused by Landlord or lies within Landlord's control, in addition to other remedies available to Tenant, the Rent (inclusive of all payments) for the Premises shall completely ▇▇▇▇▇ from such forty-eight (48) hour period and continue until such services are fully restored. Landlord shall provide a minimum of seventy-two (72) hours' prior written notice of any planned interruption of services in connection with the repair and maintenance of the Premises or the Building.
Appears in 1 contract
Sources: Lease Agreement (Vstream Inc /Co)
Services and Utilities. Provided that Tenant is Landlord shall not in default hereunder, Landlord agrees be obligated to furnish to the Premises during reasonable hours of generally recognized business daysany services or utilities (including, to be determined by Landlord at his sole discretionwithout limitation, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable forservices), and Tenant shall contract directly with the providers of all services and utilities Tenant desires to receive at the Premises, at Tenant’s sole cost and expense. Tenant shall have the right to add alternative electricity sources such as additional solar panels, the installation of which shall be subject to Section 3.4. Landlord is not be entitled toresponsible for the furnishing of, or any reduction interruption, diminishment or termination of, services or utilities, whether due to the application of rental by reason Laws, the failure of Landlord’s failure to furnish any equipment, the performance of the foregoing when such failure is caused by accident, breakagemaintenance, repairs, strikes, lockouts improvements or other labor disturbances or labor disputes of any characteralterations, or by utility interruptions, and no such interruption, diminishment, or termination shall render Landlord liable to Tenant, give rise to an abatement of Rent, or relieve Tenant from the obligation to fulfill any other causecovenant or agreement. Except as expressly set forth in Article 9, similar or dissimilarbelow, beyond the reasonable control of Landlord. Landlord shall not in no event be liable required under any circumstances provision of this Lease or applicable Law to maintain or repair or to make any alterations, rebuildings, replacements, changes, additions or improvements on or off the Premises during the Term of this Lease. Tenant acknowledges that it shall be responsible for a loss of providing and procuring all other services necessary to its operations in and on the Premises. If Tenant (or injury to property, however occurringany party claiming by, through or under Tenant) pays directly to the provider for any energy consumed at the Building, Tenant, promptly upon request, shall deliver to Landlord (or, at Landlord’s option, execute and deliver to Landlord an instrument enabling Landlord to obtain from such provider) any data about consumption that Landlord, in connection with its reasonable judgment, is required to disclose to a prospective buyer, tenant or related mortgage lender under California Public Resources Code §25402.10 or any similar law. Further, Tenant hereby waives and releases its right to failure to furnish any make repairs at Landlord’s expense under Sections 1932(1), 1933(4), 1941 and 1942 of the foregoingCalifornia Civil Code or any similar or successor laws now or hereinafter in effect. Wherever heat generating machines or equipment are used in At Landlord’s request, Tenant shall provide Landlord information regarding Tenant’s energy usage at the Premises which affect from time to time (provided that Landlord shall hold such information confidential to the temperature otherwise maintained by extent Landlord is not required to disclose such information pursuant to Applicable Law, nothing in this sentence being deemed to prohibit Landlord from utilizing such information to make public statements about the 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 upon demand by Landlord. Tenant will not, without written consent sustainability profile or “green” nature of Landlord, use any apparatus or device in the PremisesLandlord’s affiliates, 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 therefor 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 engineerproperties).
Appears in 1 contract
Services and Utilities. Provided that Tenant LICENSEE is not in default hereunder, Landlord LICENSOR agrees to furnish to the Premises during reasonable business days and hours of generally recognized business daysas herein described, to be determined by Landlord LICENSOR at his its sole discretion, and subject to the rules and regulations of the Building County of which the Premises are a partFresno, electricity for normal lighting lighting, equipment usage, and fractional horsepower office machines, heat and air conditioning required in Landlord’s LICENSOR'S judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord LICENSEE shall notify LICENSOR of times other than normal working hours when the air-conditioning and/or heating will be needed for functions under LICENSEE'S jurisdiction. Said notification shall be given at least five (5) working days prior to the event. LICENSOR shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building building of which the Premises are a part. Landlord LICENSOR shall not be liable for, and Tenant LICENSEE shall not be entitled to, any reduction of rental License Fee by reason of Landlord’s LICENSOR'S failure to furnish any of the foregoing when such the failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of LandlordLICENSOR. Landlord LICENSOR shall not be liable under in any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to the failure to furnish any of the foregoing. Wherever heat generating machines or equipment are is used in at the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord LICENSOR reserves the right to install supplementary air conditioning units in on the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant LICENSEE to Landlord LICENSOR upon demand by LandlordLICENSOR. 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 LICENSEE shall first procure the written consent of LandlordLICENSOR, which Landlord LICENSOR may refuse, to the use thereof and Landlord LICENSOR may cause a water meter or electrical current meter to be installed in on 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 LICENSEE and Tenant LICENSEE agrees to pay to Landlord LICENSOR promptly upon demand therefor thereof by Landlord LICENSOR 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 costs for such water and electric current will be established by an estimate made by a utility company or electrical engineer. Telephones shall be provided and paid for by LICENSEE.
Appears in 1 contract
Sources: License Agreement
Services and Utilities. Provided 15.1 Tenant shall contract for and pay directly when due, for all water, gas, heat, light, power, telephone, sewer, sprinkler charges, cleaning, waste disposal 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. If any such services are not separately billed or metered to Tenant, Tenant shall pay an equitable proportion, as determined in good faith by Landlord, of all charges. All sums payable under this Paragraph 15 shall constitute Additional Rent under this Lease.
15.2 Tenant acknowledges that Tenant is not in default hereunderhas inspected and accepts the water, Landlord agrees to furnish electricity, and other utilities and services being supplied or furnished to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations as of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation date Tenant takes possession of the Premises, if any, as being sufficient in their present condition, “as is,” for the Permitted Use, and janitorial servicefor Tenant’s intended operations in the Premises. Landlord shall also maintain have no obligation to provide electricity or any other services or utilities to the Premises. Tenant agrees to cooperate fully with Landlord and keep lighted to abide by all of the common stairs, common entries regulations and toilet rooms in requirements which Landlord may reasonably prescribe for the Building proper functioning and protection of which the Premises are a part. Landlord shall not be liable for, and Premise’s electrical systems.
15.3 Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 upon demand by Landlord. Tenant will not, without written consent of Landlord, Landlord use any apparatus apparatus, equipment 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 Premises that will in any way increase the amount of electricity usually furnished require additions or supplied for the use of alterations to or interfere with the Premises as general office spaceexisting power distribution systems; nor connect with electric current 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 pay directly to Landlord upon demand 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 all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof shall be paid for by and of any additional circuits or other equipment necessary to furnish any additional resources, energy, utility or service). Landlord may add to the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 separate or metered charge a recovery of additional expense incurred in keeping account of the water and excess water, electric current or other resource so consumed. If a separate meter Except as specifically set forth below, 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) 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 not installedcaused by acts of God or the elements, such excess cost for such water and labor disturbances of any character, or otherwise, or because of any interruption of service due to Tenant’s use of water, electric current will 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 otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the diminution in the quality or quantity thereof, whether by Regulations or otherwise; or (e) any interruption in Tenant’s business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. 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 established 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 under this Lease 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 an estimate made by a utility company Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises, including without limitation allowing Landlord and Landlord’s suppliers or electrical engineerproviders, 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.
Appears in 1 contract
Sources: Commercial Lease (Body & Mind Inc.)
Services and Utilities. Provided that (a) Tenant is not in default hereunder, Landlord agrees to furnish pay, before delinquency, all fees and charges for water, gas, electricity, sewers, heat, power, rubbish and garbage collection, janitorial service and any and all other similar charges incurred by Tenant with respect to the Premises and during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation its occupancy of the Premises, including but not limited to use, connection, hook-up and janitorial standby fees and penalties for discontinued or interrupted service. Said charges shall be paid directly to the utility or service provider unless Landlord shall also maintain shall, at its option, supply or provide any such utility or service. Tenant may, at its expense, arrange for the installation and keep lighted operation of T-I lines for use in connection with the common stairsoperation of Tenant's business. Tenant may, common entries at its expense, install and toilet rooms in the Building of which operate a ventilating and air-conditioning system for the Premises in accordance with code requirements and all of the terms and conditions of this Lease (including but not limited to Paragraph 6(d) above), subject to Landlord's advance written approval of the location of system components and of plans specifically showing structural alterations or additions required by such system (or showing that none are needed). For any and each utility or service supplied or provided by Landlord, Tenant shall pay to Landlord, as additional rent, the charge established by Landlord for utilities furnished or services provided to the Premises. In the case of any utility service provided by Landlord that could be provided directly to Tenant by a part. local utility company, Landlord warrants that its charge to Tenant for such utility will not exceed the charge that Tenant would pay if such company furnished service directly to Tenant.
(b) Landlord shall not be liable forfor damages, consequential or otherwise, nor shall there be any rent abatement, arising out of any curtailment or interruption whatsoever in utility services; provided, however, that if utilities provided by Landlord are interrupted for a period of more than 48 hours and such interruption is due to Landlord's fault or the failure of equipment under Landlord's control, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in if the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, and the cost of operation and maintenance 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 120 volts, which will in any way increase the amount of electricity usually furnished or supplied are hereby rendered untenantable for the use of intended, then 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 rents 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 charges due under this Lease shall be paid for by abated during the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 period of 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 engineerinterruption.
Appears in 1 contract
Sources: Office Lease (Smartage Corp)
Services and Utilities. Provided that (a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is not in default hereunderresponsible pursuant to Paragraph 10(c), Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to which damage shall be determined repaired by Landlord at his sole discretionTenant’s expense.
(b) Subject to the provisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and subject to the rules direct payment of any and regulations of the Building of which the Premises are a partall cost of, electricity for normal lighting garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, telephone, cable and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable fordigital services, and Tenant shall not be entitled toprovide the maintenance, any reduction repair and replacement of rental by reason of Landlord’s failure to furnish any of Building Systems in connection with such utilities and services, and Tenant shall provide the foregoing when such failure is caused by accidentmaintenance, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlordrepair and services as described in Paragraph 7(b). Landlord shall not be liable under any circumstances cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any the proper functioning and protection of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 upon demand by Landlord. Building Systems.
(c) Tenant will not, not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the PremisesPremises which, when used, puts an excessive load on the Building or its structure or systems, including, but without limitation theretolimitation, electronic data processing machines, punch card machines, machines and machines using excess lighting or voltage in excess of 120 volts, which will in any way increase the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of electricity usually furnished this paragraph, by reason of (i) the installation, use or supplied for the interruption of use of any equipment in connection with the Premises as general office spaceforegoing utilities and services; nor connect with electric current except through existing electrical outlets (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the Premiseselements, labor disturbances of any character, any apparatus other accidents or device, for other conditions beyond 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 reasonable control of Landlord, which Landlord may refuse, or by the making of repairs or improvements to the use thereof and Landlord may cause a water meter Premises or electrical current meter to be installed the Building (except in the Premisescase of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, so as to measure the amount curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and electric current consumed utilities or other services provided to the Premises resulting from a casualty covered by Landlord’s insurance, then Tenant’s Monthly Base Rent and Additional Charges shall a▇▇▇▇ during the period of time in which Tenant cannot occupy the Premises for any such use. The cost the Permitted Uses, but only to the extent of any such meters and of installation, maintenance and repair thereof shall be paid for rental abatement insurance proceeds received by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 engineerLandlord.
Appears in 1 contract
Sources: Sublease (Aruba Networks, Inc.)
Services and Utilities. Provided Tenant shall make all arrangements for and pay for all utilities and services furnished to or used by it, including, without limitation, gas, electricity, heating, air conditioning and other ventilation, janitorial, water, sewage, telephone service, trash collection, including any taxes thereon, and for all connection charges, except for those utility and services Landlord is to acquire for the account of the tenants to service the Common Area. Landlord may choose, in Landlord's reasonable discretion, the company or companies that will provide all electricity (or any other utility) to the Project, and, in such event, Tenant shall pay for electric current (or such other utility) supplied to, or used, in the Premises at the rate prevailing for Tenant's class of use as established by such company or companies. Electric current (or such other utility) shall be measured in the manner set forth above and shall be billed by Landlord as Additional Rent and paid by Tenant on a monthly basis. If permitted by law, Landlord shall have the right, in Landlord's reasonable discretion, at any time and from time to time during the Term, to switch providers of any such utility. Tenant shall cooperate with Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall allow access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. 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 in default hereunderlimited to, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined expenses and/or fines incurred by Landlord at his sole discretion, and subject in the event Tenant's electricity provider fails to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of provide sufficient power to the Premises, and janitorial serviceas well as damages resulting from the improper or faculty installation or construction of facilities or equipment in or on the Premises by Tenant or Tenant's electricity provider. Landlord shall also maintain may provide telecommunications lines and keep lighted the common stairs, common entries and toilet rooms systems as discussed in the Building of which the Premises are a partSection 35. hereof. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of, (a) the installation, use or interruption of Landlord’s failure to furnish use of any equipment in connection with the furnishing of any of the foregoing when services, (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, (c) any change, failure, interruption, disruption or defect in the 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 propertyproperty or business, however occurring, through or through, in connection with or related incidental to the failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor 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 engineerservices.
Appears in 1 contract
Sources: Lease Agreement (Nve Corp /New/)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, and during the hours of 7:00 am to be determined by Landlord at his sole discretion, 6:00 pm Monday through Friday and 8:00 am to 1:00 pm on Saturdays and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for light manufacturing and production assembly of medical devices, normal lighting desk top office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning (“HVAC”) as required in Landlord’s judgment for the comfortable use and occupation occupancy of the Premises. If Tenant desires HVAC at any other time for light manufacturing and production assembly of medical devices, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and janitorial serviceTenant shall pay Landlord’s charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoingsuch services. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of or installation, and the cost of operation and maintenance thereof thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will shall not, without the written consent of Landlord, use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space; nor , as determined by Landlord. Tenant shall not connect any apparatus 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 not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace and light manufacturing and production assembly of medical devices, Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to and in the use thereof and event of consent, Landlord may cause have installed a water meter or electrical current meter to be installed outlets in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord for all such water and electric current consumed to 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 the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer 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, exterior window washing and janitorial services to the common areas in a manner that such services are customarily furnished to comparable office buildings in the area. Tenant IS responsible for janitorial services to their Premises.
Appears in 1 contract
Sources: Office Building Lease (Techniscan)
Services and Utilities. Provided that Tenant is shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business daysits sole discretion, to be determined reasonable. Any such charges paid by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and assessed against Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure immediately payable to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises on demand and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordadditional rent hereunder. 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 consent shall not be unreasonably withheld, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord may refuse, shall in no event be liable for any interruption or failure of utility services on or to the use thereof and Landlord may cause a water meter or electrical current meter to be installed Premises. Notwithstanding the foregoing, in the Premisesevent that essential utility services to the Premises are interrupted for a consecutive period of three (3) or more business days as a result of the negligence or willful misconduct of Landlord or its agents, so and such interruption substantially interferes with Tenant's use of all or a substantial portion of the Premises for the conduct of its business, then, as its sole and exclusive remedy, Tenant's obligation to measure pay the amount Monthly Installment of water and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof Rent to Landlord under this Lease shall be paid for by abated or reduced from the date Tenant and Tenant agrees to pay delivers written notice to Landlord promptly upon demand therefor by Landlord for all of such water and electric current consumed as shown by said meters, circumstance (which shall be at least three (3) business days after the rates charged for commencement of such circumstance) until sufficient utility services by are restored in the local public utility furnishing proportion that the same, plus any additional expense incurred in keeping account floor area of the water Premises that Tenant is prevented from using and electric current so consumed. If a separate meter is does not installed, such excess cost for such water and electric current will be established by an estimate made by a utility company or electrical engineeruse bears to the total floor area of the Premises.
Appears in 1 contract
Sources: Lease (Patrick Industries Inc)
Services and Utilities. Provided that (a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is not in default hereunderresponsible pursuant to Paragraph 10(c), Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to which damage shall be determined repaired by Landlord at his sole discretionTenant’s expense.
(b) Subject to the provisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and subject to the rules direct payment of any and regulations of the Building of which the Premises are a partall cost of, electricity for normal lighting garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, telephone, cable and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable fordigital services, and Tenant shall not be entitled toprovide the maintenance, any reduction repair and replacement of rental by reason of Landlord’s failure to furnish any of Building Systems in connection with such utilities and services, and Tenant shall provide the foregoing when such failure is caused by accidentmaintenance, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlordrepair and services as described in Paragraph 7(b). Landlord shall not be liable under any circumstances cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any the proper functioning and protection of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 upon demand by Landlord. Building Systems.
(c) Tenant will not, not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the PremisesPremises which, when used, puts an excessive load on the Building or its structure or systems, including, but without limitation theretolimitation, electronic data processing machines, punch card machines, machines and machines using excess lighting or voltage in excess of 120 volts, which will in any way increase the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of electricity usually furnished this paragraph, by reason of (i) the installation, use or supplied for the interruption of use of any equipment in connection with the Premises as general office spaceforegoing utilities and services; nor connect with electric current except through existing electrical outlets (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the Premiseselements, labor disturbances of any character, any apparatus other accidents or device, for other conditions beyond 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 reasonable control of Landlord, which Landlord may refuse, or by the making of repairs or improvements to the use thereof and Landlord may cause a water meter Premises or electrical current meter to be installed the Building (except in the Premisescase of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, so as to measure the amount curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and electric current consumed utilities or other services provided to the Premises resulting from a casualty covered by Landlord’s insurance, then Tenant’s Monthly Base Rent and Additional Charges shall ▇▇▇▇▇ during the period of time in which Tenant cannot occupy the Premises for any such use. The cost the Permitted Uses, but only to the extent of any such meters and of installation, maintenance and repair thereof shall be paid for rental abatement insurance proceeds received by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 engineerLandlord.
Appears in 1 contract
Services and Utilities. 17.a. Provided that Tenant is not in default hereunder, except as otherwise specifically provided herein, Landlord shall pay all charges for water, heat, gas, sewer and electricity. In particular, Landlord agrees to furnish to provide for the Premises during reasonable hours of generally recognized business days, to be as determined by Landlord at his in its sole discretion, reasonable discretion and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partBuilding, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment 's reasonable judgement for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain be responsible for trash and keep lighted snow removal and janitorial service for the common stairs, common entries and toilet rooms in the Building of which the Premises are a partareas. Landlord shall not be liable for, and Tenant shall not be entitled to, any damages or any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any characterlockouts, or by any other cause, similar or dissimilar, cause which is beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of profits or consequential damages or injury to property, however occurring, through or in connection with or related which is incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 maintenance, shall be paid by Tenant to Landlord upon demand by Landlorddemand.
17.b. Tenant will shall not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, but without limitation theretolimitation, 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 any apparatus or device 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 requires 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, 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 the installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord Landlord, promptly upon demand therefor by Landlord therefor, 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 engineerengineer or by the mutual agreement of the parties.
17.c. Tenant shall pay all charges for telephone service. Tenant shall be responsible for the normal maintenance and upkeep of the Premises and for all janitorial services to the Premises and agrees to keep the Premises in a good, clean, safe, sanitary condition during the term of this Lease.
Appears in 1 contract
Sources: Office Building Lease (Schimatic Cash Transactions Network Com Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretiondescretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries entries, and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurringoccuring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor therefore 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.
Appears in 1 contract
Sources: Lease Agreement (Sionix Corp)
Services and Utilities. Provided that Tenant is not in default hereunder, 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 subject to the rules and regulations of the Building of which the Premises premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a partBuilding. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to incidental to, failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary Supplementary air conditioning units will be installed in the Premises and the cost thereof, including premises with the cost of installation, installation and the cost of operation and maintenance thereof shall to be paid by Tenant to Landlord or public utility upon demand by LandlordLandlord or utility. The nature of the business of 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 is such that the use of electronic and electrical equipment is central to the Premises as general office space; nor organization. As a result, Tenant will use an amount of electrical power greater than would be used by some other tenant not engaged in a similar business. 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 shall require water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office spacein Tenant's normal business operations, Tenant shall first procure the written consent of Landlord, which Landlord may 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 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 therefor therefore 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. Notwithstanding anything to the contrary contained in this Section 19, Landlord shall install, as a portion of Exhibit A, "Work Agreement," excess air conditioning and electrical distribution equipment for Tenant's heat-generating equipment. In addition, Landlord shall provide separate metering, to the extent feasible, of electrical consumption in Tenant's Premises, with the intent that Tenant shall determine its own hours and methods of operation and pay for such consumption direct to the utility.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord ▇▇▇▇▇▇▇▇ agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be and during hours determined by Landlord at his in its sole discretion, and subject to the rules Rules and regulations Regulations of the Building of which the Premises are a partor Project, electricity for normal lighting desk top office equipment and fractional horsepower office machinesnormal copying equipment, heat and heating, ventilation and air conditioning ("HVAC") as required in Landlord’s 's judgment for the comfortable use and occupation occupancy of the Premises. If Tenant desires HVAC at any other time, Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and janitorial serviceTenant shall pay Landlord's charges therefor on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building Building. Except with respect to the negligence or willful acts of which the Premises are a part. Landlord, its agents or employees, Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Except with respect to the negligence or willful acts of Landlord, its agents or employees, Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoingsuch services. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC 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 upon demand by Landlord. Tenant will shall not, without the written consent of Landlord, which consent shall not be unreasonably withheld use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space; nor , as determined by Landlord. Tenant shall not connect any apparatus 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 not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may not unreasonably refuse, to and in the use thereof and event of consent, Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant ▇▇▇▇▇▇ agrees to pay to Landlord promptly upon demand therefor 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 the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord and ▇▇▇▇▇▇ 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 reasonable 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. If the necessity of such meter installation was solely caused by Tenants non-typical use of the utilities. 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 hereunderagrees and covenants with Landlord to pay promptly all charges for gas, Landlord agrees to furnish to electrical and telephone services or charges for telephone connection with Tenant's use of the Premises during reasonable hours of generally recognized business days, and to be determined pay such charges promptly upon demand by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial serviceprovider. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms common restrooms in the Building of which the Premises are a partProject. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning systemsuch services, 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 Tenant shall be paid by Tenant to Landlord upon demand by Landlord. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including, but including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in any way increase the amount of consumes more electricity than is usually furnished or supplied for the use of the Premises premises as general office space; nor , as determined by Landlord. Tenant shall not connect any apparatus 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 not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuseshall not unreasonably withhold, to and in the use thereof and event of consent, Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and or electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant's expense. Notwithstanding the above, Landlord will arrange for separately metering the Premises to accommodate Tenant's electrical requirements in accordance with the mutually agreed upon electrical plan. The cost of the submetering will be at the Landlord'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 plu~ 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 common area lights, restroom supplies in common area restrooms, and window washing 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 (NMXS Com Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises Premises, during reasonable normal business hours of generally recognized business days, to be the utilities and services described herein, including water, electricity for operating common areas during hours determined by Landlord at his in its sole discretion, discretion and subject to the rules Rules and regulations Regulations of the Building or Project. If Tenant desires any of which the Premises are a partthese services at any other time, electricity for normal lighting Landlord shall use reasonable efforts to furnish such service upon reasonable notice from Tenant and fractional horsepower office machines, heat and air conditioning required in Tenant shall pay Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service's charges therefore on demand. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restroom(s) in the Building of which the Premises are a partProject. Landlord shall not be in default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, accident or by any other cause, similar condition or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, the Building or the Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, the Building, or the Project. Landlord shall not be liable under any circumstances for a loss of or injury to propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoingsuch services. Wherever If Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning systemmaintained, 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 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 not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office space, Tenant shall space (as determined by the Landlord) without first procure procuring the written consent of Landlord, which Landlord may refuse, to and, in the use thereof and event of consent, Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant Tenant, and Tenant agrees to pay to Landlord promptly upon demand therefor by Landlord as and when bills are rendered 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 by Landlord in keeping account of the water and electric current so consumed. If a separate meter is not installed, such the excess cost for such water and electric current will shall. be established by an estimate made by a utility company or electrical engineerengineer hired by Landlord at Tenant's expense. If Landlord has installed separate metering of electricity furnished to the Premises, the cost of maintenance and repair of such metering shall be paid by Tenant. Tenant agrees to cause all bills for its use of electricity to be sent and charged directly to Tenant and Tenant agrees to promptly pay such electrical bill ▇▇ and when rendered for all such electricity consumed as shown by said metering at utility rates charged by said public utility. Tenant agrees not to connect any apparatus with electric current except through existing electrical outlets in the Premises. Landlord shall furnish heating, ventilation, and air conditioning ("HVAC"), elevator service, lighting replacement for building standard lights, restroom supplies, window washing and janitor services in the manner that such services are customarily furnished to comparable office building in.the area. Tenant at his sole cost and expense shall provide for itself all other services including telephone services chargeable to the Premises not herein supplied by Landlord.
Appears in 1 contract
Sources: Office Building Lease (Viasat Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish pay and shall pay as and when due and in any event prior to any delinquency, the full cost of all utilities and other services used at, in and upon, or supplied to the Premises during reasonable hours Premises, together with any taxes thereon, plus all hook-up and activation fees and charges, meter fees, all charges for storm sewers and utilities maintenance and repair, together with all taxes, surcharges, penalties and related sums, whether to the utility providers, or any governmental or quasi-governmental agencies (collectively “Utilities Charges”). Any jointly metered utilities or other services shall be paid by the parties using same based upon relative consumption thereof, as reasonably determined by Landlord. If any such services or utilities are not separately metered to Tenant or jointly metered to Tenant and one or more other tenants, then the cost of generally recognized business daysproviding the services and utilities under this Section 8 are subject to reimbursement by Tenant of Tenant’s Proportionate Share of the cost and expense pursuant to Section 7, Operating Expenses. If the Building is designed for individual tenant operation of the HVAC, Tenant agrees to be pay the cost of operating the HVAC, as determined by Landlord at his sole discretionfrom time to time, and subject to which cost shall include the rules and regulations operation of the Building of which HVAC for space located outside the Premises are a partwhen such space is serviced concurrently, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment with the operation of the HVAC for the comfortable use and occupation benefit of the Premises, . Any failure to immediately reimburse Landlord for any excess costs as described above shall constitute a breach of this Lease and janitorial service. shall entitle Landlord shall also maintain to the same rights and keep lighted the common stairs, common entries and toilet rooms remedies as provided in the Building of which the Premises are a partthis Lease for failure to pay rent. Landlord shall not be liable forin breach of its obligations under this Section 8, Services and Utilities, unless Landlord fails to make any repairs or perform maintenance which it is obligated to perform hereunder and such failure persists for an unreasonable time after written notice of same is given to Landlord by Tenant. Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 consume water or electric current in excess of that usually furnished or supplied for the use of the Premises (as general office spacedetermined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to the use thereof and Landlord may cause a water meter grant or electrical current meter to be installed withhold 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 therefor 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 engineerLandlord’s sole discretion.
Appears in 1 contract
Sources: Industrial Building Lease (Sirenza Microdevices Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord agrees to furnish to shall pay for the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his sole discretionelectricity and gas for office equipment and normal copying equipment, and subject to the rules and regulations of the Building of which the Premises are a partheating, electricity for normal lighting and fractional horsepower office machines, heat ventilation and air conditioning ("HVAC") as required in Landlord’s judgment for the comfortable use and occupation occupancy of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms restrooms in the Building of which the Premises are a partBuilding. Landlord shall not be default hereunder or be liable forfor any damages directly or indirectly resulting from, and Tenant nor shall not the Rent be entitled to, any reduction of rental abated by reason of Landlord’s failure to furnish (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing when services, (ii) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident, breakage, repairs, strikes, lockouts accident or other labor disturbances any condition or labor disputes of any character, or by any other cause, similar or dissimilar, event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (iii) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, 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 propertyproperty or business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever such services, if Tenant uses heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning HVAC 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 upon demand by Landlord. Tenant will shall not, without the written consent of Landlord, Landlord use any apparatus or device in the Premises, including, but Premises including without limitation theretolimitation, electronic data processing machines, punch card machines, and machines or machines using in excess of 120 volts, which will in . Tenant shall not connect any way increase the amount of electricity usually furnished or supplied for the use of the Premises as general office space; nor connect apparatus 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 not consume water or electric current in excess of that usually furnished or supplied for the use of the Premises premises as general office spacespace (as determined by Landlord), Tenant shall without first procure procuring the written consent of Landlord, which Landlord may refuse, to and in the use thereof and event of consent. Landlord may cause have installed a water meter or electrical current meter to be installed in the Premises, so as Premises to measure the amount of water and electric current consumed for any such useconsumed. The cost of any such meters meter and of its installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees Tena▇▇ ▇▇▇ees to pay to Landlord promptly upon demand therefor 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 the excess cost for such water and electric current will shall be established by an estimate made by a utility company or electrical engineerat 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. Tenant shall furnish janitorial services and supplies for the leased Premises.
Appears in 1 contract
Services and Utilities. Provided that Tenant tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his in its sole discretion, and subject to the rules and regulations of the Building of Property which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms Common Areas. The costs for services provided under this Article will be included in the Building Operating Expenses. Tenant expressly agrees that all non-essential electrical devices, including without limitation, computers and printers, shall be turned off at the end of which each business day by Tenant Failure to comply with the Premises are requirement shall be deemed a partmaterial breach of this Lease. Landlord shall not be liable for, and Tenant shall not be entitled to, to any reduction of rental rent by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, accident breakage, repairs, strikesstrike, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond unless caused by the reasonable control intentional misconduct of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, occurring through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning condition 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 upon demand by the Landlord. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premisespremises, including, but not 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 devicedevise, for the purpose of using electric current. 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 obtain the prior written consent of Landlord, which Landlord may refusewithhold in its sole discretion, 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 therefor therefore 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 Landlord based upon an estimate made by a utility company or electrical engineer.
Appears in 1 contract
Sources: Office Lease (Juina Mining Corp Inc)
Services and Utilities. Provided that Tenant is shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties, and surcharges or the like pertaining thereto and any maintenance charges for utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers. If any such services are not separately metered to Tenant, Tenant shall pay such proportion of all charges jointly metered with other premises as determined by Landlord, in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business daysits sole discretion, to be determined reasonable. Any such charges paid by Landlord at his sole discretion, and subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and assessed against Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure immediately payable to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises on demand and the cost thereof, including the cost of installation, and the cost of operation and maintenance thereof shall be paid by Tenant to Landlord upon demand by Landlordadditional rent hereunder. 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, contract with a utility provider to service the Premises with any utility, including, but not limited to, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord may refuse, shall in no event be liable for any interruption or failure of utility services on or to the use thereof and Landlord may cause a water meter or electrical current meter to be installed in Premises. However, notwithstanding the foregoing, if the Premises, so or a material portion of the Premises, are made untenantable for a period in excess of ten (10) consecutive business days solely as a result of an interruption, diminishment or termination of services due to measure Landlord’s gross negligence or willful misconduct and such interruption, diminishment or termination of services is otherwise reasonably within the control of Landlord to correct (a “Service Failure”), then Tenant, as its sole remedy notwithstanding anything to the contrary contained herein, shall be entitled to receive an abatement of the Monthly Installment of Rent and Tenant’s Proportionate Share of Expenses and Taxes payable hereunder during the period beginning on the eleventh (11th) consecutive business day of the Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of water and electric current consumed for any such useabatement shall be equitably prorated. The cost foregoing abatement right shall not apply if the Service Failure is due to fire or other casualty. Instead, in such an event, the terms and provisions of any such meters and of installation, maintenance and repair thereof Article 22 shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 engineerapply.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunder, 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 subject to the rules and regulations of the Building of which the Premises are a part, gas, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor 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 plus, any additional additional. expense incurred insured 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.
Appears in 1 contract
Services and Utilities. Provided that a. Tenant is shall pay all charges for electricity furnished to the Premises, including any taxes thereon. Tenant's failure to pay when due the electricity charges herein shall constitute a default of this Lease. Upon Tenant's failure to pay such charges Landlord may, but shall not be obligated to, pay such charges in place of Tenant, in which case the amount so paid by Landlord shall be deemed to be overdue and shall be subject to the provisions of Article 23.b. hereof.
b. Tenant shall arrange and pay for adequate janitorial service to the Premises. Tenant's failure to pay when due the charges for such janitorial service, and/or its failure to provide for such service on a regular basis, shall constitute a default hereunderof this Lease. Upon Tenant's failure to pay such charges or to make arrangements for such service Landlord may, but shall not be obligated to, pay such charges or make such arrangements in place of Tenant, in which case any amounts paid by Landlord agrees to furnish in connection with janitorial service furnished to the Premises during reasonable hours of generally recognized business days, shall be deemed to be determined by Landlord at his sole discretion, overdue and shall be subject to the rules and regulations provisions of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial serviceArticle 23.b. hereof.
c. Landlord shall also maintain and keep lighted the common stairs, common entries and public toilet rooms in the Building of which the Premises are a partpart from dusk until 10:00 p.m., weekdays only. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental rent by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever Whenever heat generating machines or equipment are used in the Premises Premises, which affect the temperature otherwise maintained by the air conditioning system, . Landlord reserves the right to install supplementary air conditioning units in the Premises and the 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 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 therefor 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.
Appears in 1 contract
Sources: Office Building Lease (Qt 5 Inc)
Services and Utilities. Provided Tenant shall pay during the Lease Term (and prior to delinquency) all charges for water, gas, light, heat and air conditioning, power, electricity, telephone, janitorial service, trash pick-up, sewer and all oilier services supplied to or consumed on the Premises. To the extent not separately metered to the Premises, or not arranged and paid for by Tenant, the cost of such services shall be an Operating Expense and Tenant shall pay, as additional rent, a portion of such cost to Landlord as provided in Article 7. Tenant shall arrange and pay for all gas and electricity to the extent they are separately metered to the Premises. Janitorial services for the Premises and telephone services required by Tenant shall also be arranged and paid for by Tenant. To the extent that gas or electricity is not separately metered to the Premises, and provided that Tenant is not in default hereunder, Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to be determined by Landlord at his in its sole discretiondiscretion ("Business Hours"), and subject to the rules and regulations of the Building of which the Premises are arc a part, Building Standard (defined in Exhibit "g") electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted during Business Hours the common stairs, common entries and toilet rooms in the Building Building. The lack of which the Premises are a part. Landlord shortage of any service or utility described in this Article due to any cause whatsoever shall not be liable foraffect Tenant's obligations hereunder, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any faithfully keep and observe all of the foregoing when such failure is caused by accidentterms, breakageconditions and covenants of this Lease and pay all Rentals due hereunder without diminution, repairs, strikes, lockouts credit or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlorddeduction. Landlord shall not be liable under any circumstances for a loss injury to or death of or injury loss or damage to propertypersons or property or damage to Tenant's business, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained maintaine by the heating, ventilating and air conditioning systemsystem servicing the Premises, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost costs thereof, including the cost of installation, 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 machinesLandlord as additional rent, and machines using not as an Operating Expense. The entire cost of electricity, water, heat, air conditioning, elevator service, janitorial service and other services and utilities provided to the Premises in excess of 120 voltsBuilding Standard shall be paid for by Tenant upon demand by Landlord as additional rent, which will in any way increase the amount of electricity usually furnished and not as an Operating Expense. Tenant shall not connect or supplied for the use of the Premises as general office space; nor connect permit connection with electric current current, gas or water supply lines, except through existing electrical outlets in outlets, gas lines or water lines, respectively, servicing the Premises, any apparatus or device, device for the purpose of using gas, electric currentcurrent or water. If Tenant shall should require water or additional water, gas and/or electric current in excess of that usually furnished or supplied for current, to the use of extent not separately metered to the Premises as general office spacePremises, Tenant shall first procure the written consent of Landlord, which Landlord may refuserefuse for any reason, to the use thereof and Landlord may cause a water water, gas meter or electrical electric current meter to be installed in the Premises, Premises so as to measure the amount of water water, gas and electric current consumed for any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord Landlord, as additional rent promptly upon demand therefor by Landlord Landlord, for all such water 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 water, gas and electric current so consumed. If a separate meter is not installed, such excess cost for such water water, gas and electric current will be conclusively established by an estimate made by a utility company or electrical engineerengineer selected by Landlord. Tenant shall not, without Landlord's prior written consent, use any machines or equipment which can exceed the capacity of any utility facilities now located within the Premises or the Building. If Tenant requires additional capacity, Tenant shall request Landlord to provide such capacity, which request Landlord may refuse in Landlord's sole discretion. If additional capacity is furnished, Tenant shall pay on demand and as additional rent the costs thereof, including without limitation installation, operation, repair and maintenance costs.
Appears in 1 contract
Sources: Office Lease (QCS Net Corp)
Services and Utilities. Provided that Tenant is not in default hereunder, 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 subject to the rules and regulations of the Building of which the Premises are a part, electricity for normal lighting and fractional horsepower office machines, heat and air conditioning required in Landlord’s 's judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s 's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor 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.
Appears in 1 contract
Sources: Lease Addendum (Coast Bancorp)
Services and Utilities. Provided that Landlord represents and warrants to Tenant is not in default hereunderthat, Landlord agrees to furnish as of the date of this Lease, water, sewer, gas, telephone and electricity are available to the Premises during and the Building. Tenant is solely responsible for contracting directly for all services and utilities Tenant desires in connection with Tenant's use and occupancy of the Premises. Tenant is also solely responsible for paying directly to the applicable service or utility companies, prior to delinquency, all charges of every nature, kind or description for services and utilities furnished to the Premises or chargeable against the Premises (including, without limitation, charges imposed by any utility or service company as a condition precedent to furnishing or continuing to furnish utilities or services to the Premises), including all charges for water, sewage, heat, gas, light, garbage and rubbish removal, electricity, telecommunications, cable, steam, power, or other public or private utilities and services and any charges or fees for present or future water or sewer capacity to serve the Premises, any charges for the underground installation of gas or other utilities or services, and other charges relating to the extension of or change in the facilities necessary to provide the Premises with adequate utilities and services. However, if any services or utilities are jointly metered with other property, Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or service providers) and Tenant shall pay such share to Landlord within 30 days after receipt of Landlord's written statement. Subject to Force Majeure, Landlord shall provide lighting of the exterior portions of the Property and all entrances and exits to the Property, seven days a week, 365 days a year. Subject to Force Majeure and the terms of this Lease, Tenant will be entitled to access to the Premises, 24 hours of generally recognized business daysper day, to be determined seven days per week. The Premises are currently not separately metered for electricity, but electricity usage for the Premises is determinable by Landlord based on existing submetering for the common areas and for other leasable space in the Building. Tenant may either install a separate meter for the Premises, at his sole discretionTenant’s expense, and subject pay the utility company directly or pay Landlord for actual electric usage by Tenant from the Premises as set forth above in this Article. No interruption in, or temporary stoppage of, any utility or service to the rules Premises shall render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding anything to the contrary contained herein, if any utility or service is interrupted for any reason within Landlord's reasonable control and regulations such interruption shall continue for more than four consecutive days after notice of such interruption or failure from Tenant to Landlord, and if such interruption or failure shall render any material portion of the Building Premises unusable for the conduct of which Tenant's business, and if Tenant in fact does not use or occupy such material portion of the Premises are a partduring the period of such interruption or failure, electricity for normal lighting then all Base Rent and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment Additional Rent payable hereunder with respect to such unusable portion of the Premises shall be abated for the comfortable period beginning on the fifth consecutive day of such interruption or failure and such rental abatement shall continue until such portion of the Premises is tenantable again or Tenant recommences use and occupation or occupancy of such portion of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 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 therefor 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 engineerwhichever occurs first.
Appears in 1 contract
Services and Utilities. Provided that (a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the act or omission of Tenant or for which Tenant is not in default hereunderresponsible pursuant to Paragraph 10(c), Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to which damage shall be determined repaired by Landlord at his sole discretionTenant's expense.
(b) Subject to the provisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and subject to the rules direct payment of any and regulations of the Building of which the Premises are a partall cost of, electricity for normal lighting garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, telephone, cable and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable fordigital services, and Tenant shall not be entitled toprovide the maintenance, any reduction repair and replacement of rental by reason of Landlord’s failure to furnish any of Building Systems in connection with such utilities and services, and Tenant shall provide the foregoing when such failure is caused by accidentmaintenance, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlordrepair and services as described in Paragraph 7(b). Landlord shall not be liable under any circumstances cooperate with Tenant's efforts to arrange all such services. If Landlord assumes Tenant's maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any the proper functioning and protection of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 upon demand by Landlord. Building Systems.
(c) Tenant will not, not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the PremisesPremises which, when used, puts an excessive load on the Building or its structure or systems, including, but without limitation theretolimitation, electronic data processing machines, punch card machines, machines and machines using excess lighting or voltage in excess of 120 volts, which will in any way increase the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of electricity usually furnished this paragraph, by reason of (i) the installation, use or supplied for the interruption of use of any equipment in connection with the Premises as general office spaceforegoing utilities and services; nor connect with electric current except through existing electrical outlets (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the Premiseselements, labor disturbances of any character, any apparatus other accidents or device, for other conditions beyond 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 reasonable control of Landlord, which Landlord may refuse, or by the making of repairs or improvements to the use thereof and Landlord may cause a water meter Premises or electrical current meter to be installed the Building (except in the Premisescase of Landlord's gross negligence or willful misconduct); or (iii) the limitation, so as to measure the amount curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant's use as a consequence of cessation of gas and electric current consumed utilities or other services provided to the Premises resulting from a casualty covered by Landlord's insurance, then Tenant's Monthly Base Rent and Additional Charges shall abat▇ ▇▇▇ing the period of time in which Tenant cannot occupy the Premises for any such use. The cost the Permitted Uses, but only to the extent of any such meters and of installation, maintenance and repair thereof shall be paid for rental abatement insurance proceeds received by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 engineerLandlord.
Appears in 1 contract
Sources: Lease Agreement (Harmonic Inc)
Services and Utilities. Provided that Tenant is not in default hereunder, Landlord Lessor agrees to furnish to the Premises during reasonable hours of generally recognized business daysPremises, to be determined by Landlord at his sole discretion, and subject to the rules and any rules, regulations of or other requirements affecting the Building of which the Premises are a part, water and electricity suitable for normal lighting and fractional horsepower office machinesthe intended use of the Building, heat and air conditioning required in Landlord’s Lessor's judgment for the comfortable use and occupation of the Premises, and janitorial serviceservices. Landlord Lessor shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord Lessor shall not be liable for, and Tenant there shall not be entitled to, any no abatement or reduction of rental or other amounts due by Lessee under this Lease, by reason of Landlord’s Lessor's failure to furnish any of the foregoing when such failure is caused by accidentaccidents, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any kind or character, or by any other cause, similar or dissimilar, beyond the reasonable control of LandlordLessor. Landlord Should water or other utility rationing be imposed on the Building and its occupants, Lessee agrees to be bound by the strict enforcement thereof by Lessor and any enforcement body. Except in the case of Lessor's gross negligence or willful misconduct, Lessor shall not be liable under any circumstances for a loss of or injury to person or property, however occurring, through or in connection with or related incidental to failure to furnish any of the foregoing; provided, however, that in no event shall Lessor be liable for special or consequential damages. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning systemsystem or electrical loads, Landlord Lessor reserves the right to install supplementary air conditioning units in the Premises or additional electrical service, and the cost costs thereof, including the cost costs of installation, 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 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 therefor 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 engineerLessee.
Appears in 1 contract
Services and Utilities. Provided that Tenant is not in default hereunderLandlord shall make available, Landlord agrees to furnish without ▇▇▇▇-up or profit, to the Premises during reasonable hours of generally recognized business dayselectricity, telephone and telecommunications utilities and services, to be determined by Landlord at his sole discretionwhich Tenant may connect and activate its accounts with the applicable providers, and subject to the rules Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system charges and regulations of the Building of which the Premises are a part, electricity for normal lighting other such utilities and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of services used on or from the Premises, together with any taxes, penalties, and janitorial servicesurcharges or the like pertaining thereto and any maintenance charges for such utilities. Tenant shall furnish all electric light bulbs, tubes and ballasts, battery packs for emergency lighting and fire extinguishers, provided that Landlord shall deliver possession of the Premises to Tenant with all such items in good working condition. Landlord shall also maintain make available to the Premises, without ▇▇▇▇-up or profit, water, sewer and keep lighted sprinkler system utilities and services, which utilities and services are not separately metered and shall be included within Expenses pursuant to the common stairsprovisions of Article 4. If any such services are not separately metered to Tenant, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable for, and Tenant shall not pay such proportion of all charges jointly metered with other premises as determined by Landlord, in its sole discretion, to be entitled to, any reduction of rental reasonable. Any such charges paid by reason of Landlord’s failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 assessed against Tenant shall be paid by Tenant immediately payable to Landlord upon on demand by Landlordand shall be additional rent hereunder. 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, contract with a utility provider to service the Premises with any utility, including, but not limited to, telecommunications, electricity, water, sewer or gas, which is not previously providing such service to other tenants in the Building. Landlord may refuse, shall in no event be liable for any interruption or failure of utility services on or to the use thereof and Landlord may cause a water meter or electrical current meter Premises. Notwithstanding anything stated above to be installed the contrary, in the Premisesevent essential utility services to the Premises (i.e., so air conditioning or electrical) are interrupted for a consecutive period of five (5) or more days, such interruption does not arise in whole or in part as to measure the amount a result of water and electric current consumed for an act or omission of Tenant or any such use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by the Tenant Entities, such interruption is not caused by a fire or other casualty, such interruption substantially interferes with Tenant’s use of all or a substantial portion of the Premises for the conduct of its business and Tenant agrees in fact ceases to pay to Landlord promptly upon demand therefor by Landlord for use 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 or a substantial portion of the water Premises for the conduct of its business, then Tenant shall give Landlord written notice of such interruption and electric current so consumedTenant’s intention to ▇▇▇▇▇ the payment of rent under this Lease (the “Interruption Notice”). If Landlord does not restore such essential utilities to the Premises within five (5) days after receipt of the Interruption Notice (the “Abatement Deadline”), then, as its sole and exclusive remedy therefor, Tenant may immediately ▇▇▇▇▇ or reduce the rent payable under this Lease after the Abatement Deadline until sufficient utility services are restored, in the proportion that the rentable area of the Premises that Tenant is prevented from using and does not use, bears to the total rentable area of the Premises. Further notwithstanding anything stated above to the contrary, in the event essential utility services to the Premises are interrupted for a separate meter is not installedconsecutive period of three (3) or more days as the result of the gross negligence or willful misconduct of Landlord or its employees or contractors, such excess cost interruption does not arise in whole or in part as a result of an act or omission of Tenant or any of the Tenant Entities, such interruption substantially interferes with Tenant’s use of all or a substantial portion of the Premises for the conduct of its business and Tenant in fact ceases to use all or a substantial portion of the Premises for the conduct of its business, then Tenant shall give Landlord written notice of such water interruption and electric current will be established by an estimate made by a Tenant’s intention to ▇▇▇▇▇ the payment of rent under this Lease (the “Landlord Caused Interruption Notice”). If Landlord does not restore such essential utilities to the Premises within one (1) day after receipt of the Landlord Caused Interruption Notice (the “Interruption Abatement Deadline”), then, as its sole and exclusive remedy therefor, Tenant may immediately ▇▇▇▇▇ or reduce the rent payable under this Lease from the date when essential utility company or electrical engineerservices ceased until the date that sufficient utility services are restored, in the proportion that the rentable area of the Premises that Tenant is prevented from using and does not use, bears to the total rentable area of the Premises.
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Services and Utilities. Provided that (a) Landlord shall provide the maintenance and repairs described in Paragraph 7(a), except for damage occasioned by the negligent or intentional acts or omissions of Tenant or for which Tenant is not in default hereunderresponsible pursuant to Paragraph 10(c), Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, to which damage shall be determined repaired by Landlord at his sole discretionTenant’s expense.
(b) Subject to the provisions elsewhere herein contained and to the Rules and Regulations, Tenant shall be responsible for arranging for, and subject to the rules direct payment of any and regulations of the Building of which the Premises are a partall cost of, electricity for normal lighting garbage pickup, recycling, janitorial, security, transportation management programs, water, electricity, gas, telephone, cable and fractional horsepower office machines, heat and air conditioning required in Landlord’s judgment for the comfortable use and occupation of the Premises, and janitorial service. Landlord shall also maintain and keep lighted the common stairs, common entries and toilet rooms in the Building of which the Premises are a part. Landlord shall not be liable fordigital services, and Tenant shall not be entitled toprovide the maintenance, any reduction repair and replacement of rental by reason of Landlord’s failure to furnish any of Building Systems in connection with such utilities and services, and Tenant shall provide the foregoing when such failure is caused by accidentmaintenance, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlordrepair and services as described in Paragraph 7(b). Landlord shall not be liable under any circumstances cooperate with Tenant’s efforts to arrange all such services. If Landlord assumes Tenant’s maintenance obligations with respect to the Building Systems pursuant to Paragraph 7(e), Tenant shall cooperate fully with Landlord and abide by all the reasonable regulations and requirements that Landlord may prescribe for a loss of or injury to property, however occurring, through or in connection with or related to failure to furnish any the proper functioning and protection of the foregoing. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, 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 upon demand by Landlord. Building Systems.
(c) Tenant will not, not without the written consent of Landlord, which consent shall not be unreasonably withheld or delayed, use any apparatus or device in the PremisesPremises which, when used, puts an excessive load on the Building or its structure or systems, including, but without limitation theretolimitation, electronic data processing machines, punch card machines, machines and machines using excess lighting or voltage in excess of 120 volts, which will in any way increase the amount for which the Building is designed.
(d) Landlord shall not be in default hereunder, nor be deemed to have evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated, except as expressly provided for in the last sentence of electricity usually furnished this paragraph, by reason of (i) the installation, use or supplied for the interruption of use of any equipment in connection with the Premises as general office spaceforegoing utilities and services; nor connect with electric current except through existing electrical outlets (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Acts of God or the Premiseselements, labor disturbances of any character, any apparatus other accidents or device, for other conditions beyond 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 reasonable control of Landlord, which Landlord may refuse, or by the making of repairs or improvements to the use thereof and Landlord may cause a water meter Premises or electrical current meter to be installed the Building (except in the Premisescase of Landlord’s gross negligence or willful misconduct); or (iii) the limitation, so as to measure the amount curtailment, rationing or restriction on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and electric current consumed utilities or other services provided to the Premises resulting from a casualty covered by Landlord’s insurance, then Tenant’s Monthly Base Rent and Additional Charges shall ▇▇▇▇▇ during the period of time in which Tenant cannot occupy the Premises for any such use. The cost the Permitted Uses, but only to the extent of any such meters and of installation, maintenance and repair thereof shall be paid for rental abatement insurance proceeds received by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefor 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 engineerLandlord.
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