Common use of Services and Utilities Clause in Contracts

Services and Utilities. 15.1 Landlord shall provide the following services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas of the Building, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 2 contracts

Sources: Lease Agreement (Pc Connection Inc), Lease Agreement (LifeWatch Corp.)

Services and Utilities. 15.1 14.1 Landlord shall provide manage and operate (or cause to be managed and operated) the following services and utilities Building in a manner consistent with the standards for quality followed in comparable facilities class office buildings in the jurisdiction in which Back Bay submarket of Boston (the Building is located: (i) Electrical service to operate “Comparable Standard”). From and after the common areas of the BuildingLease Commencement Date, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access will provide to the Premises the services and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes utilities in accordance with applicable Law and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for quality followed customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by other comparable facilities Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide building security personnelaccess to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, equipmentexcept for Tenant’s employees, procedures permitted subtenants and systems assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out. 14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord. 14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Building similar Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith. 14.4 Landlord shall not have any liability to other such comparable facilities. Landlord reserves Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the right event of Landlord’s failure or inability to interrupt, curtail furnish any of the utilities or suspend the services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Article 15 when Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the necessity therefor arises by reason Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of accident, emergency, mechanical breakdown, the date Tenant resumes use or when required by any Law, occupancy of the Premises or for any other cause beyond the reasonable control date use of Landlord. the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to complete all repairs restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct. 14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other work so that Tenant’s inconvenience resulting therefrom reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be for as short a period of amended from time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during to time (the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (Electronic Access SystemEnergy Reporting Ordinance); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant ) with respect to Tenant’s property space use attributes and interestenergy use in the Premises and, in connection therewith. Landlord and Tenant shall obtain insurance coverage cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion last Lease Year of the Tenant Work, in accordance with the approval of Alterations under Article 9 aboveTerm.

Appears in 2 contracts

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

Services and Utilities. 15.1 (a) The Landlord shall provide hereby covenants and agrees to maintain in good condition and repair the following services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas of the Buildingfoundation, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility serviceroof, if anyelevators, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas exterior masonry walls of the Building during normal hours of operation and all common areas in the Building and on the Developed Parcel, as well as sewer, water and other pipes and conduits located beyond the boundaries of the Building as set forth Leased Premises; and to make all repairs becoming necessary by reason of any structural defects in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have not be required to make any repairs necessitated by reason of any act or omission of Tenant, its officers, agents, employees, visitors, or anyone claiming under Tenant, or caused by any alteration, addition, or improvement made by Tenant or anyone claiming under Tenant, and that if Landlord does make any such repairs Tenant shall promptly, upon demand, reimburse to Landlord the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Buildingcost thereof. (vb) Access to The Landlord shall maintain, operate and repair heating, ventilation, air conditioning, plumbing and sprinkler systems (hereinafter known as the Premises "Systems") and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours.shall provide: (vii) Replacement Heating, ventilating and air conditioning in the Leased Premises at the temperature required in Landlord's judgment for a comfortable occupancy of all Building standard lighting tubes the Leased Premises during normal business hours (that is, daytime hours of 8:00 a.m. through 6:00 p.m. weekdays and bulbs8:00 a.m. to 1:00 p.m. on Saturdays, excluding Sunday and Holidays). Because of System requirements, if anyTenant shall require air conditioning or heating service at any other time, located Landlord shall furnish such "after hours" air conditioning or heating service upon reasonable advance notice from Tenant and Tenant shall pay Landlord's actual cost. A minimum charge for two (2) hours of "after hours" service will be made for any such service. Use of the Leased Premises (or any part thereof) in common areas. 15.2 Landlord agrees to operate and maintain a manner exceeding the Building in accordance with the standards designed conditions therefor for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdownair conditioning services, or when required by any Law, or for any other cause beyond the reasonable control rearrangement of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the partitioning which interferes with normal hours of operation of the BuildingSystems, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings or use of computer or data processing machines may require changes in the jurisdiction in which System service for the Building is locatedLeased Premises. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood Tenant acknowledges and agreed agrees that Landlord it shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required cause a separate ventilating and air conditioning system to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended installed to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right primary system to provide ventilation, cooling and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion air conditioning service on those floor(s) of the Tenant WorkLeased Premises which house Tenant's main data processing and computer systems. Such ventilation, in accordance cooling and air conditioning system shall be installed, maintained and operated at Tenant's sole expense and shall be connected to a separate electric meter with the approval of Alterations under Article 9 abovesuch electric consumption being invoiced and paid directly to Tenant.

Appears in 1 contract

Sources: Lease Agreement (Gibson Greetings Inc)

Services and Utilities. 15.1 (a) The Landlord shall provide hereby covenants an. agrees to maintain in good condition and repair the following services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas of the Buildingfoundation, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility serviceroof, if anyelevators, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas exterior masonry walls of the Building during normal hours of operation and all common areas in the Building and on the Developed Parcel, as well as sewer, water and other pipes and conduits located beyond the boundaries of the Building as set forth Leased Premises; and to make all repairs becoming necessary by reason of any structural defects in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have not be required to make any repairs necessitated by reason of any act or omission of Tenant, its officers, agents, employees, visitors, or anyone claiming under Tenant, or caused by any alteration, addition, or improvement made by Tenant or anyone claiming under Tenant, and that if Landlord does make any such repairs Tenant shall promptly, upon demand, reimburse to Landlord the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Buildingcost thereof. (vb) Access The Landlord shall maintain, operate and repair heating, ventilation, air conditioning, plumbing and sprinkler systems (hereinafter known as the "Systems") and shall provide: (i) Heating, ventilating and air conditioning in the Leased Premises at the temperature required in Landlord's judgment for a comfortable occupancy of the Leased Premises during normal business hours (that is, daytime hours of 8:00 a.m. through 6:00 p.m. weekdays and 8:00 a.m. to 1:00 p.m. on Saturdays, excluding Sunday and Holidays). Because of System requirements, if Tenant shall require air conditioning or heating service at any other time, Landlord shall furnish such "after hours" air conditioning or heating service upon reasonable advance notice from Tenant and Tenant shall pay Landlord's actual cost. A minimum charge for two (2) hours of "after hours" service will be made for any such service. After hours HVAC rate is $25.00/hour. Use of the leased Premises and (or any part thereof) in a manner exceeding the Building 24 hours per daydesigned conditions therefor for air conditioning services, 365 days a yearor rearrangement of partitioning which interferes with normal operation of the Systems, or use of computer or data processing machines may require changes in the System service for the Leased Premises. Such changes so occasioned for the leased Premises shall be made by Tenant at its expense but subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hoursLandlord's approval. (viii) Replacement of all Building standard lighting tubes Cold water for drinks, lavatory and bulbs, if any, located in common areastoilet purposes and hot water for lavatory purposes. 15.2 (c) The Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities shall provide electricity consumed in the jurisdiction in which the Building is located Leased Premises for normal lighting, air conditioning and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the BuildingTenant's normal office equipment only. However, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable in any way to Tenant for any failure or default in supply or character of electric current furnished to furnishthe Leased Premises. Landlord shall supply the Leased Premises with required lamps, or for delaybulbs, suspension or reduction in furnishingballast, any of the utilitiesstarters, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, and replacements thereof in the event ordinary course of a breakdownbusiness, with Tenant's cooperation, through proper communication of need for said replacement items. Tenant's use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for of electric current in the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may Leased Premises shall not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time exceed the capability of the electrical conductors and equipment in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.servicing the

Appears in 1 contract

Sources: Lease Agreement (Regent Communications Inc)

Services and Utilities. 15.1 Landlord shall provide agrees to furnish to the Premises at all times during the Term and in a manner consistent with a similar class office building as the Buildings in the Bedford, Massachusetts market area, the following services and utilities subject to the rules and regulations of the Buildings prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises during Building Business Hours with Landlord being obligated to maintain the Premises at reasonably comfortable temperatures during Building Business Hours; (c) nightly cleaning and janitorial service in accordance with the cleaning specifications attached hereto as Exhibit G; (d) elevator service by nonattended automatic elevators, if applicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord agrees to furnish cleaning and janitorial services after Building Business Hours on generally recognized business days (but exclusive of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner consistent with properties of a similar caliber to the standards for quality followed in comparable facilities Park in the jurisdiction in which the Building is located: (i) Electrical service Bedford, Massachusetts area. Landlord will include electricity costs to operate the common areas HVAC system serving the Premises in Expenses. To the extent that Tenant is not billed directly by a public utility, Tenant shall pay, within twenty (20) days of Landlord’s demand (with appropriate backup as to the Buildingbilling information), for all electricity used by Tenant in the Premises as measured by a meter or submeter (as applicable), including, all electricity for lights and electrical capacity to a point of connection plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the Building rates charged for Tenantsuch services by the local public utility. It is understood Notwithstanding the terms and agreed that provisions of this Article 13, if, for more than five (5) consecutive business days following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the cost restoration of separately metering any electrical utility or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished provided by Landlord under this Article 15 when Lease following the necessity therefor arises interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control and not caused by reason Tenant’s negligence or willful misconduct (subject in all cases to delays caused by Force Majeure Events), and as a result of accident, emergency, mechanical breakdownsuch failure (i) Tenant shall not be reasonably able to use and occupy, or when to have access to, the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises or the 28 ▇▇▇▇▇▇ Premises (as applicable) or a material portion thereof, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not use or occupy the same during said period, then the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises or the 28 ▇▇▇▇▇▇ Premises (as applicable) that Tenant is unable to use as a result of such failure from the date such use and occupancy is impaired until the date immediately following the day on which such interruption, curtailment or suspension ends and such service is restored (Landlord agreeing that it shall diligently pursue the restoration of any Lawsuch utility or other service until restored). 13.1.1 Notwithstanding the foregoing to the contrary, Landlord shall, at Landlord’s sole cost and expense in connection with the Work, submeter electricity for each of the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises and the 28 ▇▇▇▇▇▇ Premises and, as payment for such electricity, Tenant shall remit to Landlord as additional rent a sum equal to $1.50 per rentable square foot of each of the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises and the 28 ▇▇▇▇▇▇ Premises per annum, which is Landlord’s estimate of the appropriate electricity charge for each of the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises and the 28 ▇▇▇▇▇▇ Premises as of the Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant based on historical usage and cost or for any other cause beyond to the reasonable control extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of Landlord. such amount being due and payable in monthly installments concurrently with Tenant’s payment of Monthly Installment of Rent hereunder. 13.1.2 Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required review the total Estimated Electricity Submeter Charge paid by this Lease only Tenant during the normal hours immediately preceding Lease Year within one hundred fifty (150) days after the end of operation such Lease Year and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as measured by Landlord’s submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant pays during such applicable billing period pursuant to Section 13.1.1 is more than the actual charges as measured by Landlord’s submetering for such electricity, then Landlord shall credit the difference against the then next due payments to be made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to Tenant in cash within sixty (60) days of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pmapplicable billing period., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Lease Agreement (Aspen Technology Inc /De/)

Services and Utilities. SECTION 15.1 Landlord shall furnish to the Premises air conditioning, heat and ventilation, during the seasons when they are required, as determined in Landlord’s reasonable judgment. Landlord shall also provide reasonably adequate water, exterior window-cleaning service, and janitorial service on Monday through Friday only (excluding legal holidays), as required in Landlord’s sole but not unreasonable judgment. Tenant shall have the following services and utilities in a manner consistent right to use up to 6 w▇▇▇▇ per rentable square foot of total electrical usage with the standards for quality followed in comparable facilities in Premises, excluding Building lighting and HVAC equipment, during the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas of the Building, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger . Landlord will also provide elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitorsservice; provided, however, however that Landlord shall have the right to remove elevators from service as they are may be required for moving freight freight, or for servicing and/or or maintaining the elevators and/or the Building. . Landlord shall make every reasonable attempt to maintain one elevator in service at all times. The normal hours of operation of the Building will be 6:00 a.m. to 8:00 p.m. on Monday through Friday (v) except legal holidays), 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays), and 8:00 am to 2:00 pm on Sunday. Access to the Premises buildings during any hours outside of 8:00 am to 5:00 pm Monday through Friday will require a security access card or key. There will be no normal hours of operation of the Building on legal holidays and Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Tenant shall have access to the Building and the Building 24 premises twenty-four (24) hours per day, 365 three hundred sixty-five (365) days a yearper year via an electronic access system. Subject to exclusion during emergencies or repairs if, subject to reasonable in landlord’s sole judgment, such exclusion is necessary. Landlord, at Tenant’s expense, shall supply cards for the electronic access system at Ten dollars ($10) per card. The security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain system shall control entry into the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilitiesparking garage. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, Building unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in . It is also agreed that if Tenant requires air-conditioning or heat beyond the jurisdiction in which the Building is located. The normal hours of operation set forth herein, Landlord will furnish such air conditioning or heat provided Tenant gives Landlord’s agent sufficient advance notice of such requirement and Tenant agrees to pay for the cost of such extra service (including administrative fees) in accordance with Landlord’s then-current schedule costs and assessments for such extra service. Tenant shall also be responsible for the cost of all above-standard or non-standard uses of the Building are from 7:00 am utilities and service provided to 7:00 pmthe Premises., Monday through Friday. SECTION 15.2 It is understood and agreed that Landlord shall not be liable for have liability to Tenant as a result of Landlord’s failure or inability to furnish, or for delay, suspension or reduction in furnishing, furnish any of the utilities, utilities or services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by whether resulting from breakdown, maintenance, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; providedrequirements, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which etc. It is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk further agreed that any such system failure or entrance may inability to furnish the utilities or services required hereunder shall not be effectiveconsidered an eviction, actual or constructive, of Tenant from the Premises and shall not entitle Tenant to terminate this Lease. Notwithstanding the foregoing, if any such failure or inability to furnish such utilities or services required hereunder which renders the Premises untenantable for five (5) consecutive days, Tenant shall be entitled to a pro rata abatement of any rent payable hereunder for the period thereafter until the Premises are tenantable. SECTION 15.3 The parties hereto agree to comply with all mandatory energy, water, or may malfunctionother conservation controls or requirements applicable to office buildings instituted by the federal, Virginia, or City of Alexandria governments including, without limitation, controls on the permitted range of temperature settings in office buildings or requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Lease that conflict or interfere with compliance with such controls or requirements shall be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security suspended for the Premises duration of such controls or otherwise for individual tenant-occupied spaces requirements. It is further agreed that compliance with such controls or suites. 15.5 requirements shall not be considered an eviction, actual or constructive, of Tenant shall have the right to provide and maintain a security system within from the Premises in accordance with plans and specifications approved by the Landlord in accordance with the shall not entitle Tenant Work approval process or, in the event that such system is installed after completion to terminate this Lease or to an abatement or reduction of the Tenant Work, in accordance with the approval of Alterations under Article 9 aboveany rent payable hereunder.

Appears in 1 contract

Sources: Lease Agreement (Global Secure Corp.)

Services and Utilities. 15.1 (a) Landlord shall provide the following services maintenance and utilities repairs described in a manner consistent with paragraph 7(a), except for damage occasioned by the standards for quality followed in comparable facilities in the jurisdiction act of Tenant, in which case, but in any event subject to the Building is located:terms of Paragraph 11 above, such damage shall be repaired by Landlord at Tenant's expense. (ib) Electrical service Subject to operate the common areas provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and electrical capacity to a point legal holidays), hot and cold water and electricity suitable for the intended use of connection at the Building Premises, heat and air conditioning required in Landlord's judgment for Tenant. It is understood the comfortable use and agreed occupation of the Premises, janitorial services during the times and in the manner that such services are, in Landlord's judgment, customarily furnished in comparable office buildings in the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenantimmediate market area, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject if the Building has an elevator) which shall mean service either by non-attended automatic elevators or elevators with attendants, or both, at the option of the Landlord. Notwithstanding the above, except in the case of emergencies, utilities to scheduling the Building and elevator service shall be provided every day. At Tenant's request, Landlord shall provide additional or after hours heating or air conditioning and Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord (not to exceed Landlord) in common 's actual costs, which costs do not include depreciation). Tenant agrees at all times to cooperate fully with Landlord and other tenants to abide by all the regulations and their contractorsrequirements which Landlord may prescribe for the proper functioning and protection of the heating, agents ventilating and visitors; providedair conditioning system. Wherever heat generating machines, however, that Landlord shall have the right to remove elevators from service as they excess lighting or equipment are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to used in the Premises and which affect the Building 24 hours per daytemperature otherwise maintained by the air conditioning system, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interruptinstall supplementary air conditioning units in the Premises, curtail 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. To the extent Tenant requires water, electricity, heat, air conditioning or suspend other services in portions of the services required Premises which are not metered separately from other tenants of the Project and in amounts in excess of amounts delivered to be furnished such other tenants of the Project as reasonable determined by Landlord. Tenant shall pay to Landlord under this Article 15 when the necessity therefor arises a reasonable charge for such excess amounts as determined by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use make available to Tenant reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be documentation supporting its charges for as short a period of time as circumstances will permitsuch excess services. 15.3 Landlord (c) Tenant will furnish all services not without the written consent of Landlord, which consent shall not be unreasonable withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, electronic data processing machines, punch card machines and utilities required by this Lease only during the normal hours of operation machines using excess lighting or voltage in excess of the Building, unless otherwise specified herein, in a manner consistent with industry standards amount for comparable buildings in the jurisdiction in which the Building is locateddesigned, which will in any way materially increase the amount of gas, electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes or gas outlets, any apparatus or device for the purposes of using gas, electrical current or water. If Tenant shall require water or electrical current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first obtain the consent of Landlord, which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. The normal hours cost of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not meters and of installation, maintenance and repair thereof shall be effective, or may malfunction, or be circumvented paid for by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage agrees to pay Landlord promptly upon demand by Landlord for all such water, electric current or other resource consumed, as shown by said meters, at the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved rates charged by the Landlord local public utility, furnishing the same, plus any additional expense incurred in accordance with the Tenant Work approval process or, in the event that such system is installed after completion keeping account of the Tenant Workwater, in accordance with the approval of Alterations under Article 9 aboveelectric current or other resource so consumed.

Appears in 1 contract

Sources: Sublease (Cosine Communications Inc)

Services and Utilities. 15.1 A. There currently exists within or serving the Premises separate meters to determine the amount of electricity supplied to the Premises, and Tenant shall pay to the appropriate utility company the cost of all such electricity as shown by such meters IF any such charges are not paid to the appropriate utility company when due, Landlord may (but shall not be obligated to) pay the same, and any amount so paid by Landlord shall provide thereupon become due to Landlord from Tenant, as additional rent. In addition, Tenant agrees to pay directly to Landlord, in addition to Monthly Base Rent and Tenant’s Percentage of Operating Expenses, any costs incurred by Landlord to maintain the following services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which HVAC system serving the Building is located:which are solely attributable to Tenant’s after hour usage, as equitably determined by Landlord based on appropriate engineering data. (i) Electrical service B. Provided Tenant shall not be in default hereunder, and subject to operate the common areas provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord shall furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and electrical capacity to a point legal holidays), heat and air conditioning as usually furnished or supplied for use of connection the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord’s judgment, customarily furnished in comparable office buildings in the immediate market area, Landlord shall provide water for lavatory and drinking purposes, electricity and elevator service which shall mean service either by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord, twenty-four (24) hours per day seven (7) days per week. Elevator service and access to the Building after normal business hours shall be provided by access controlled security cards. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, “as is,” and suitable for the Permitted Use, and for Tenant’s intended operations in the Premises. It is understood Landlord shall have no obligation to provide additional or after-hours heating or air conditioning in addition to the heating and agreed that air conditioning being provided on the date of this Lease, but if Landlord elects to provide such services at Tenant’s request, Tenant shall pay upon demand to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of separately metering any electrical or other utility service, if anyinstallation and the cost of operation and maintenance thereof, shall be borne paid by Tenant to Landlord upon demand by Landlord. C. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises and as reasonably determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall pay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate of metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed Landlord agrees that Tenant’s use of the Premises prior to the date of this Lease has not been such as to warrant the installation of a water meter to measure Tenant’s water consumption and that so long as Tenant’s use of the Premises remains reasonably consistent with such prior use. Landlord will not install any water meter to measure Tenant’s water consumption unless requested to do so by Tenant. Following receipt of Tenant’s request to do so, Landlord shall use good faith efforts to restore any service specifically to beprovided under Paragraph 15 that becomes unavailable and it which is also understood and agreed that in Landlord’s reasonable control to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitorsrestore; provided, however, that except to the extent caused by of gross negligence or willful misconduct Landlord shall have in no case be liable for any damages directly or indirectly resulting from nor shall the right 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 remove elevators from furnish or delay in furnishing any such utilities or services when such failure or delay is caused by acts of God or the elements, labor disturbances of any character, or otherwise or because of any interruption of service due to Tenant’s use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as they are required for moving freight of the date Tenant takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or for servicing and/or maintaining restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the elevators and/or Premises or Project, whether by Regulation or otherwise; or (d) the Building. (v) Access partial or total unavailability of any such utilities or services to the Premises and or the Building 24 or the diminution in the quality or quantity thereof, whether by Regulation or otherwise; or (c) 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 per dayheating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, 365 days a year, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbsprogram. In addition, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail change the supplier or suspend the services required provider of any such utility or service from time to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, time. Tenant shall have no right to contract with or when required by otherwise obtain any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs electrical or other work so that Tenant’s inconvenience resulting therefrom may be such service for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacyPremises or Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, completeness including without limitation allowing Landlord and Landlord’s suppliers or integrity of the Electronic Access System is made by Landlordproviders, and except their respective agents and contractors, reasonable access to the Premises for losses attributable the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith. D. Tenant shall pay, upon demand, for all utilities furnished to Landlord’s gross negligence the risk that any such system or entrance may not be effectivePremises, or may malfunction, if not separately billed to or be circumvented by a criminal, is assumed by Tenant with respect metered to Tenant, Tenant’s property and interest, and Tenant shall obtain insurance coverage to Proportionate Share of all charges jointly serving the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises Project in accordance with plans Paragraph 7. All sums payable under this Paragraph 15shall constitute Additional Rent hereunder. E. Tenant may contract separately with providers of telecommunications or cellular products, systems or services for the Premises. Even though such products, systems or services may be installed or provided by such providers in the Building, in consideration for Landlord’s permitting such providers to provide such services to Tenant, Tenant agrees that Landlord and specifications approved by the Landlord Indemnitees shall in accordance no event be liable to Tenant or any Tenant Party for any damages of any nature whatsoever arising out of or relating to the products, systems or services provided by such providers (or any failure, interruption, defect in or loss of the same) or any acts or omissions of such providers in connection with the same or any interference in Tenant’s business caused thereby. Tenant Work approval process or, in waives and releases all rights and remedies against Landlord and the event Landlord Indemnitees that such system is installed after completion of the Tenant Work, in accordance are inconsistent with the approval of Alterations under Article 9 aboveforegoing.

Appears in 1 contract

Sources: Sublease Agreement (Primal Solutions Inc)

Services and Utilities. 15.1 Landlord shall provide the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein or in any separate rider hereto): (A) Heat, ventilation and air-conditioning ("HVAC") to provide a manner consistent temperature required, in Landlord's reasonable opinion and in accordance with applicable Law, for occupancy of the Premises under normal business operations, from 8:00 a.m. until 6:00 p.m. Monday through Friday and from 8:00 to 1:00 on Saturdays except on Holidays (as defined in Article 25). Provided that Landlord executes the Work substantially in accordance with the standards for quality followed in comparable facilities current Plans referenced in the jurisdiction attached Work Agreement and provides maintenance in which accordance with the Building is located: provisions of this Lease, Landlord shall not be responsible for inadequate HVAC service (i) Electrical service to operate in the common areas portion of the BuildingPremises other than the data center to the extent that Tenant exceeds the heat load factors which Tenant's architect furnished to Landlord (i.e., occupancy by no more than 96 persons per floor with equipment and electrical capacity to a point lighting not exceeding one desk top computer per person, standard lighting and other low voltage, low current incidental equipment) and, (ii) in the data center, regardless of connection at the Building for Tenant's use thereof. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for providing and paying all costs associated with all utility services to the Premisesany additional HVAC capacity or service Tenant deems necessary or desirable. (iiB) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposesProperty. (ivC) Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises. (D) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided. (E) Parking in common with other tenants of the Property on a first come, howeverfirst served basis in accordance with applicable Laws. By the first anniversary of the Commencement Date and for the remainder of the Term Landlord will maintain for Tenant's benefit a parking ratio at the Property of four (4) parking spaces per each 1,000 square feet of occupied space at the Property. Notwithstanding anything to the contrary contained in this Lease, the Premises shall be separately metered and Tenant shall make arrangements to directly purchase and pay for all electricity consumed in the Premises (other than that consumed by HVAC equipment during regular Building hours, the cost of which shall be included in Operating Expenses under Article 25) from the local utility or municipality serving the Building during the Term, as the same may be extended. Tenant's use of electrical service shall not exceed the safe and lawful capacity of the Building's existing electrical circuits as may be modified per the Plans referenced in the attached Work Agreement. In the event that Tenant requires HVAC service outside of the normal Building hours set forth in Article 7(A) above, Landlord shall seek to provide same, provided that Landlord shall have receive Tenant's request within a reasonable period prior to the right time such extra HVAC service is needed. Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to remove elevators from 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall pay the costs, for such extra HVAC service as they are required Landlord shall from time to time reasonably determine, which shall include any indirect costs of Landlord in furnishing same such as, but not limited to, amortization of equipment costs and chemical usage. All charges for moving freight or for servicing and/or maintaining extra HVAC service shall be due at the elevators and/or same time as the Building. (v) Access to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement installment of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance Base Rent with the standards for quality followed by other comparable facilities in the jurisdiction in which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. In the event that Tenant requires supplementary HVAC service during regular Building is located hours, Landlord may install and to provide building security personnel, equipment, procedures and systems operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services excess of those required to be furnished provided by Landlord under this Article 15 when (including a system for Landlord's engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary HVAC or other systems or equipment (or adjustments or modifications to the necessity therefor arises existing Systems and Equipment), and Landlord's reasonable charges for such amount of excess services or utilities used by Tenant. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, except as expressly provided below, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of accidentloss of profits, emergencybusiness interruption or other consequential damages. Notwithstanding anything to the contrary in this Article 7, mechanical breakdownif: (a) any services or utilities are interrupted or discontinued as a result of Landlord's negligence, and Tenant is unable to and does not use, the Premises as a result of such interruption or discontinuance, and (b) Tenant shall have given written notice respecting such interruption or discontinuance to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within five (5) consecutive days after receiving such notice, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom such additional time as may be for as short a period required due to acts of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Buildinggod, unless otherwise specified hereinforce majeure, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairscasualty damage, strikes, scarcity shortages of labor or materials, acts or other causes beyond Landlord's reasonable control, Rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant begins using the Premises again, whichever shall first occur. In the event of God(a) and (b) above, and in the event such interruption or discontinuance has not been cured within one hundred eighty (180) consecutive days after Landlord receives notice or such additional time as may be required by causes beyond Landlord’s compliance with governmental regulation 's reasonable control, Tenant may terminate this Lease by sending Landlord at least sixty (60) days (but not more than 120 days) advance notice. For purposes of this Article 7, an interruption or legislation discontinuance of a service or judicial utility shall be deemed to be cured if the restoration of such service or administrative orders utility is effective for an aggregate period or from periods of time which exceed, in the aggregate, the period(s) of interruption or discontinuance. Such termination right shall not be available to Tenant if Landlord corrects the interruption or discontinuance within sixty (60) days after Tenant's notice or provides Tenant new premises reasonably comparable to the Premises and access thereto within sixty (60) days after Tenant's notice. Such abatement of Rent and termination right shall be Tenant's sole recourse in the event of a discontinuance or interruption of services or utilities required to be provided by Landlord hereunder. Notwithstanding any other cause whatsoever; provided, however, that Landlord shallof the foregoing to the contrary, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord an interruption or discontinuance of services or utilities which is required to provide such utilities the result of casualty damage, the provisions of Article 10 shall govern and servicescontrol. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Office Lease (Peapod Inc)

Services and Utilities. 15.1 Landlord's Obligations: Provided Tenant is not then in default hereunder, and subject to the rules and regulations for the Building, Landlord shall provide agrees to furnish to the Leased Premises during ordinary business hours of generally recognized business days as specified in Exhibit C, page 8, to be determined by Landlord in its sole discretion (but exclusive, in any event, of Saturdays after 12:00 noon, Sundays and legal holidays), the following services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: services: (i) Electrical service to operate water, gas, and electricity suitable for the intended use of the Leased Premises; (ii) HVAC services required in Landlord's judgment for the comfortable use and occupation of the Leased Premises; (iii) janitorial and window washing services as described in Exhibit "F" attached hereto and incorporated herein by reference; and (iv) security services during the times and in the manner such services are, in Landlord's judgment, customarily furnished in comparable office buildings in the immediate market area; and (v) elevator service. Landlord shall also maintain and keep lighted the common areas of stairs, entries and rest rooms in the Building. If Tenant makes use of HVAC services after hours or in amounts greater than provided for under subparagraph (ii) above Tenant shall pay to Landlord a reasonable charge for such services ad determined by Landlord. Whenever heat generating machines, excess lighting or equipment are used in the Leased Premises which affect the temperature otherwise maintained by the HVAC system, Landlord may install supplementary air conditioning units in the Leased Premises, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that cost thereof, including the cost of separately metering any electrical or other utility service, if anyinstallation and the cost of operation and maintenance thereof, shall be borne paid by Tenant, and it is also understood and agreed that Tenant to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. Landlord within ten (ii10) Heat and air-conditioning days after being billed for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling same by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Lease Agreement (Bam Entertainment Inc)

Services and Utilities. 15.1 Landlord shall provide the following services and utilities 7.1 Landlord's Obligations. Provided that Tenant is not in a manner consistent with the standards for quality followed in comparable facilities default in the jurisdiction in which performance or observation of any of the terms, covenants, conditions or provisions of this Lease to be kept and performed or observed by it, Landlord, subject to the rules and regulations of the Building is located: hereinafter referred to, agrees to (i) Electrical service furnish to operate the Premises during reasonable hours of generally recognized business days (as determined by Landlord) water, gas, electricity, heating and air conditioning suitable for the intended use of the Premises; (ii) maintain the common areas of the Buildingstairs, entries and electrical capacity to a point of connection at bathrooms lighting systems in the Building for and outside lighting system on the Property; (iii) make all repairs other than those specified to be Tenant. It is understood 's obligation under this Lease; and agreed that (iv) maintain and repair, other than as specified to be Tenant's obligation under this Lease, the cost of separately metering any electrical or other utility serviceelevators, if any, and maintain all portions of the Property and Building used in common by Tenant and Landlord's other tenants; provided that all such repairs shall be borne at Tenant's cost and expense if damage thereto is caused by the negligence of Tenant, and or Tenant's employees, agents, contractors, invitees or guests. Tenant agrees that at all times it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common will cooperate fully with Landlord and other tenants abide by all regulations and their contractorsrequirements that Landlord may prescribe for the proper functioning and protection of any of the Building's heating, agents ventilation and visitors; providedair conditioning systems. Whenever heat generating machines or equipment are used in the Premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, howeverif any, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining install supplementary air conditioning units in the elevators and/or the Building. (v) Access to the Premises Premises, and the Building 24 hours per daycost thereof, 365 days a yearincluding all additional costs of installation, subject operation and maintenance thereof, shall be paid by Tenant to reasonable security regulations (such Landlord as providing identification to Building security personnel) imposed additional rent due hereunder upon demand by Landlord during non-business hours. with interest at the Default Rate accruing from the date Landlord incurs such costs until the time payment for same is actually received by Landlord, and Landlord shall have (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees addition to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control right or remedy of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services ) the same rights and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, remedies in the event of a breakdown, use reasonable diligence non-payment thereof by Tenant as in the case of failure by Tenant to repair all equipment owned pay any other Rent hereunder. To the extent that the cost and expense incurred by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may in performing its obligations in this Section 7.1 are not be effectiveotherwise recovered by, or may malfunctionreimbursed to Landlord by insurance or individual tenants, or such costs shall be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time included in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suitesOperating Expenses. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Lease Agreement

Services and Utilities. 15.1 13.1 Landlord shall provide the following services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas of the Building, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access will furnish to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, Building (as set forth hereinbelow) air-conditioning and heating during the seasons and within the temperature ranges required in a manner consistent accordance with industry standards the specifications attached hereto as Exhibit D. Landlord will provide: electricity; water; elevator service; an access-control system for comparable buildings in the jurisdiction in which the Building is located(excluding the Premises); and exterior window-cleaning service. The normal hours of operation of the Building are from 7:00 am will be 7:30 a.m. to 7:00 pm., p.m. on Monday through FridayFriday (except the holidays listed on Exhibit E attached hereto) and 8:00 a.m. to 12:00 p.m. on Saturday (except the holidays listed on Exhibit E). If Tenant requires air-conditioning or heat beyond the normal hours of operation, then Landlord will furnish the same. Tenant shall pay for such extra service in accordance with Landlord's then-current schedule of costs and assessments for such extra service (including additional depreciation of the base building systems in proportion to the actual number of hours beyond the normal hours of operation for which Tenant is furnished such HVAC services), which shall compensate Landlord for Landlord's actual costs of furnishing such extra service, without markup. Landlord agrees to provide an access control system for the Building that will afford Tenant access to the Premises twenty-four (24) hours per day every day of the year. At Tenant's option and expense, Landlord's system may be expanded to provide electronic suite access to the Premises, and Landlord will reasonably coordinate any interaction between Tenant's suite access system and the base-building access system. Landlord shall not be permitted to require persons entering the Building to show identification to a lobby attendant without Tenant's prior written consent. At least one (1) elevator serving the Premises shall be in service at all times. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours other than the normal hours of operation of the Building unless Tenant agrees to compensate Landlord for the actual costs, without markup, of such services and utilities. 13.2 It is understood and agreed that Landlord shall not be liable for failure have any liability to furnish, or for delay, suspension or reduction in furnishing, Tenant whatsoever as a result of Landlord's inability to furnish any of the utilities, utilities or services or other manner of thing required to be furnished by Landlord hereunderunder the terms of this Lease, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by whether resulting from breakdown, maintenance, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders requirements or from any other cause whatsoever; provided. It is further agreed that, howeverexcept as provided in this Section 13.2, that Landlord shallany such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "Eligibility Period") as a result of a breakdown(i) any interruption of utilities or services or access (including elevator access) or any repair, use reasonable diligence to repair all equipment owned maintenance or alteration performed by Landlord and all building standard equipment furnished by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for renders the common areas Premises inaccessible or untenantable, or (ii) the presence of Hazardous Materials in, on or around the Building during the Lease Term (“Electronic Access System”); providedwhich could, however, that no representation or warranty in Tenant's reasonable business judgment and taking into account any Legal Requirements with respect to the adequacyHazardous Materials, completeness or integrity pose a health risk to occupants of the Electronic Access System is made by LandlordPremises (the foregoing circumstances being referred to herein as "Suspension Events"), then all base rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may does not be effectiveuse, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting, and does not conduct, its business in any portion of the Premises for individual tenanta period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business in such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, all base rent and additional rent payable hereunder for the entire Premises shall be abated. In the event Tenant is prevented from using, and does not use, substantially the entire Premises for a period in excess of seventy-occupied spaces or suites. 15.5 five (75) days after an Eligibility Period because of the occurrence of a Suspension Event, then Tenant shall have the right to provide and maintain a security system within terminate this Lease by notice delivered to Landlord while such Suspension Event is continuing. For purposes of this Section 13.2, Tenant shall be deemed not to be using or conducting its business in the Premises (or a portion thereof) if at least ninety percent (90%) of Tenant's personnel that would otherwise be in accordance occupancy of the Premises (or such portion thereof) are actually not present in the Premises (or such portion thereof) by reason of the Suspension Event. 13.3 Tenant shall have the right, at its option, to either (a) employ its own contractor or personnel to furnish char and janitorial service to the Premises, in which event Tenant (i) shall pay for such services directly to the contractor employed by Tenant for such purpose and (ii) Tenant's janitorial contractor, and the cleaning specifications incorporated into Tenant's contract with plans its janitorial contractor, shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed; or (b) Tenant may at any time during the Lease Term, request that Landlord arrange for janitorial service to be furnished to the Premises by Landlord's janitorial contractor. 13.4 In the event Tenant determines that the services being furnished by any contractor (excluding the property management company) employed by Landlord are unsatisfactory, in Tenant's reasonable judgment, Tenant shall deliver written notice to Landlord specifying in detail the manner in which the services are deemed deficient. If the deficiencies are not, in Tenant's reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice to Landlord advising Landlord of such fact, and, provided Landlord will not incur any liability to the contractor as a result thereof, Landlord shall terminate the contract of such deficient contractor and specifications approved by select a qualified replacement contractor. 13.5 Landlord agrees (a) to bid all contracts (excluding the service contract for the property management company) for the operation of the major services provided to the Building to at least three (3) service providers reasonably acceptable to Tenant and (b) to keep Tenant reasonably apprised of the bidding process by, among other things, notifying Tenant of the various bid proposals received and Landlord's final selection of a particular service provider. Landlord in accordance with shall have the Tenant Work approval process orright to select such service provider from among the three (3) who provided bids for each particular service, in the event that such system is installed after completion exercise of the Tenant Work, in accordance with the approval of Alterations under Article 9 aboveits commercially reasonable judgment.

Appears in 1 contract

Sources: Deed of Lease (Landmark Systems Corp)

Services and Utilities. 15.1 Landlord shall provide the following services and utilities (the cost of which shall be included in a manner Operating Expenses unless otherwise stated herein or in any separate rider hereto): (A) Electricity as is customarily required for the use of standard and customary office lighting, electrical outlets, equipment and accessories consistent with the standards for quality followed in comparable facilities level of service of other first-class office building properties of the same age and in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas geographic vicinity of the Building, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (iiB) Heat and air-conditioning to provide a temperature required, in Landlord's reasonable opinion and in accordance with applicable Law, for the common areas occupancy of the Building during Premises under normal hours business operations, from 7:00 a.m. until 6:00 p.m. Monday through Friday and 8:00 a.m. until 2:00 p.m. on Saturday, except on Holidays (as defined in Article 24). Landlord shall not be responsible for inadequate air-conditioning or ventilation to the extent the same occurs because Tenant uses any item of operation equipment consuming in excess of the Building as set forth in Section 15.3 belowrated capacity of the existing electrical circuits serving the Premises without providing adequate air-conditioning and ventilation therefor. (iiiC) Cold water Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and, subject to Landlord's approval, water at Tenant's expense for any private restrooms and supplies for such lavatory and toilet purposesoffice kitchen requested by Tenant. (ivD) Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises. (E) Operatorless passenger elevator service 24 hours per days, 365 days per year, (if the Building has such equipment serving the Premises) and freight elevator service (if the Building has such equipment serving the Premises and subject to scheduling and reasonable charges by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (vF) Access Landlord shall seek to provide such extra utilities or services as Tenant may from time to time request, if the same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Premises Building or Complex or to existing Systems and Equipment (as defined in Article 24), and if Landlord shall receive Tenant's request within a reasonable period prior to the Building 24 hours per daytime such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, 365 days a yearunless Tenant shall notify Landlord of, subject or Landlord shall request, the names of authorized individuals (up to reasonable security regulations three (such as providing identification to Building security personnel3) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in each floor on which the Building is located Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay such charges as Landlord shall from time to provide building security personneltime reasonably establish. All charges for such extra utilities or services shall be due at the same time as the installment of Base Rent with which the same are billed, equipmentor if billed separately, procedures shall be due within thirty (30) days after such billing. If Tenant shall fail to make any such payment, Landlord may, without notice to Tenant and systems in addition to all other remedies available to Landlord, discontinue any additional services. No discontinuance of any such service shall result in any liability of Landlord to Tenant or be considered as an eviction or a disturbance of Tenant's use of the Building similar to other such comparable facilitiesPremises. Landlord reserves the right to interrupt, curtail may install and operate meters or suspend the any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be furnished provided by Landlord under this Article 15 when (including a system for Landlord's engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the necessity therefor arises existing Systems and Equipment), and Landlord's reasonable charges for such amount of excess services or utilities used by Tenant. Landlord may impose a reasonable charge for any utilities and services, including, without limitation, air conditioning, electricity, and water, provided by Landlord by reason of: (i) any use of the Premises at any time other than the hours set forth above; (ii) any utilities or services beyond what Landlord agrees herein to furnish; or (iii) special electrical, cooling and ventilating needs created by Tenant's telephone equipment, computer, electronic data processing equipment, copying equipment and other such equipment or uses. Landlord, at its option, may require installation of metering devices at Tenant's expense for the purpose of metering Tenant's utility consumption. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of accidentloss of profits, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs business interruption or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permitconsequential damages. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Office Lease (C Bridge Internet Solutions Inc)

Services and Utilities. 15.1 Landlord shall provide A. Subject to the following services provisions elsewhere herein contained and utilities in a manner consistent with to the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas rules and regulations of the Building, Landlord shall furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditions as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord's judgment, customarily furnished in comparable first class office buildings in the immediate Foster City market area, and elevator service, which shall mean serv▇▇▇ ▇▇ther by nonattended automatic elevators or elevators with attendants, or both, at the option of Landlord. Tenant acknowledges and agrees that Tenant's use of the Premises after ordinary business hours (defined as 7:00 a.m. to 6:00 p.m.) and outside of generally recognized business days (generally recognized business days shall not include Saturdays, Sundays, and legal holidays) imposes additional burden on the Project's janitorial services, fluorescent light tubes, HVAC and electrical capacity to a point service, and other common area utilities and services. Accordingly, any such after hours use of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical such utilities or other utility service, if any, shall services will be borne made available and will be billed as an after-hour Rent assessment. After-hours use may be metered by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated Landlord with all utility services to a bypass timer located on the Premises. (ii) Heat and air-conditioning for the common areas applicable floors of the Building during normal or through establishment of a monthly after hours assessment based upon Landlord's reasonable estimate of operation Tenant's usage. Such costs will be payable by Tenant to Landlord within thirty (30) days after demand as Additional Rent. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Buildingsun's position, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject Tenant also agrees at all times to scheduling by Landlord) in common cooperate fully with Landlord and other tenants to abide by all of the regulations and their contractorsrequirements which Landlord may prescribe for the proper functioning and protection of electrical, agents heating, ventilating and visitors; providedair conditioning systems. Wherever heat-generating machines, however, that Landlord shall have the right to remove elevators from service as they excess lighting or equipment are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to used in the Premises and which affect the Building 24 hours per daytemperature otherwise maintained by the air conditioning system, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interruptinstall supplementary air conditioning units in the Premises and the cost thereof, curtail including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. B. Tenant shall not without written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or suspend delayed, use any apparatus, equipment or device in the services required Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as reasonably determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be furnished by Landlord under this Article 15 when installed in the necessity therefor arises by reason Premises so as to measure the amount of accidentwater, emergency, mechanical breakdown, electric current or when required by any Law, or other resource consumed for any such other cause beyond use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the reasonable control cost of Landlordall such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall use reasonable efforts may add to complete all repairs the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other work resource so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is locatedconsumed. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnishany 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 for delay, suspension any change in the character or reduction in furnishing, means of supplying or providing any of the utilities, such utilities or services or other manner of thing required to be furnished by Landlord hereunder, if such any supplier thereof; (b) the failure to furnish or delay, suspension or reduction delay in furnishing same any such utilities or services when such failure or delay is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of GodGod or the elements, Landlord’s compliance with governmental regulation labor disturbances of any character, or legislation or judicial or administrative orders or from any other cause whatsoeveraccidents or other conditions beyond the reasonable control of Landlord or because of any interruption of service due to Tenant's use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant takes possession of the Premises; provided(c) the inadequacy, howeverlimitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the Building, whether by Regulation or otherwise, nor shall any such occurrence constitute an actual or constructive eviction of Tenant. Notwithstanding the foregoing, if such condition is caused solely by Landlord's active negligence and not by Tenant or matters which are within Tenant's control, and if such condition exists for more than fifteen (15) consecutive business days after notice to Landlord and materially interferes with Tenant's use of a material portion of the Premises, rental payments with respect to that Landlord shallportion of the Premises so affected, shall abate after such fifteen (15) day period, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for proportion that the common areas ▇▇▇▇able area of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect affected area bears to the adequacy, completeness or integrity total rentable area of the Electronic Access System is made Premises, until such interference no longer exists or Tenant reoccupies such portion of the Premises. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by LandlordTenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and except for losses attributable 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 Landlord’s gross negligence make services available hereunder shall be subject to the risk that limitations of any such system or entrance may not be effectivevoluntary, or may malfunctionreasonable program. In addition, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement change the supplier or revise the access system at provider of any such utility or service from time in its sole judgmentto time. Said access system is not intended Tenant shall have no right to serve as security contract with or otherwise obtain any electrical or other such service for or with respect to the Premises or otherwise Tenant's operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord's suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for individual tenant-occupied spaces the purpose of installing, maintaining, repairing, replacing or suitesupgrading such service or any equipment or machinery associated therewith. 15.5 C. Tenant shall have pay, upon demand, for all utilities furnished to the right Premises, or if not separately billed to provide and maintain a security system within or metered to Tenant, Tenant's Proportionate share of all charges jointly serving the Premises Project in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations Paragraph 7. All sums payable under Article 9 abovethis Paragraph 15 shall constitute Additional Rent hereunder.

Appears in 1 contract

Sources: Sublease (Imanage Inc)

Services and Utilities. 15.1 So long as Tenant is not in default under any of the provisions of this Lease after the expiration of any applicable notice and cure periods, Landlord shall provide the following facilities and services to Tenant without additional charge to Tenant (except as otherwise provided herein): A. Automatically operated elevator service at all times. B. Adequate electric current, water and utilities in condenser water to the Tenant's heat pump, Monday through Friday, from 7:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 1:00 p.m. C. Reasonably adequate electricity seven days a manner consistent with the standards week for quality followed in comparable facilities in the jurisdiction in which the Building is located:normal office equipment permitted under Article 14. (i) Electrical service to operate the common areas D. Replacement of the Building, and electrical capacity to a point of connection at the Building light tubes or bulbs for Tenantbuilding standard lighting fixtures. It is understood and agreed that the cost of separately metering any electrical All light tubes or bulb replacements for other utility service, if any, than building standard lighting fixtures shall be borne furnished at Tenant's expense, but will be installed by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the PremisesLandlord when so requested. (ii) Heat E. Restroom facilities and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinkingnecessary lavatory supplies, lavatory including hot and toilet purposes cold running water, at those points of supply provided for nonexclusive general use of other tenants at in the Building, and supplies routine maintenance, painting, and electric lighting service for such lavatory all public areas and toilet purposesspecial service areas of the Building in the manner and to the extent that is standard for first-class office buildings in the Washington, D.C. metropolitan area. F. Normal and usual cleaning and char services after business hours Monday through Friday, (ivincluding rest room cleaning and sanitizing) Operatorless passenger elevator service 24 hours per dayswithout additional cost to Tenant. it shall be Tenant's responsibility to maintain the cleanliness of the kitchen sink, 365 days per year, counter top and freight elevator service (subject cabinets and to scheduling by Landlord) in common with Landlord wash Tenant's own dishes and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Buildingutensils. (v) G. Access to the Demised Premises and the Building 24 hours per day, 365 days on a yearfull time twenty-four hour basis, subject to such reasonable regulations Landlord may impose for security regulations (such as providing identification to Building security personnel) imposed purposes. Any failure by Landlord during non-business hours. (vi) Replacement to furnish the foregoing services as a result of all Building standard lighting tubes and bulbsgovernmental restrictions, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail energy shortages or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by from any Law, or for any other cause beyond the reasonable control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from Tenant's obligations hereunder. If the Building equipment should cease to function properly, Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and servicesthe same promptly. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Purchase and Assumption Agreement (Century Bancshares Inc)

Services and Utilities. 15.1 Landlord A. Provided Tenant shall provide not be in default hereunder, and subject to the following services provisions elsewhere herein contained and utilities in a manner consistent with to the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas rules and regulations of the Building. Landlord shall furnish to the Premises during ordinary business hours of generally recognized business days, to be determined by Landlord as 8:30 AM to 5:30 PM, Monday through Friday (exclusive, in any event, of Saturdays, Sundays and legal holidays), water for lavatory and drinking purposes and electricity, heat and air conditioning as usually furnished or supplied for use of the Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises as determined by Landlord (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in the manner that such services are, in Landlord’s judgment, customarily furnished in comparable office buildings in the immediate market area, and electrical capacity to a point of connection elevator service, which shall mean service either by nonattended automatic elevators or elevators with attendants, or both at the Building option of Landlord. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, “as is,” and suitable for the Permitted Use, and for Tenant’s intended operations in the Premises. It is understood Landlord shall have no obligation to provide additional or after-hours electricity, heating or air conditioning, but if Landlord elects to provide such services at Tenant’s request, Tenant shall pay to Landlord, sixty dollars ($60) per hour with a two (2) hour minimum charge per each activation, subject to adjustment at Landlord’s sole discretion. Tenant agrees to keep and agreed that cause to be kept closed all window covering when necessary because of the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenantsun’s position, and it is Tenant also understood and agreed that agrees at all times to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common cooperate fully with Landlord and other tenants in abide by all of the regulations and their contractorsrequirements which Landlord may prescribe for the proper functioning and protection of electrical, agents heating, ventilating and visitors; providedair conditioning systems. Wherever heat-generating machines, however, that Landlord shall have the right to remove elevators from service as they excess lighting or equipment are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to used in the Premises and which affect the Building 24 hours per daytemperature otherwise maintained by the air conditioning system, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interruptinstall supplementary air conditioning units in the Premises and the cost thereof, curtail including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. B. Tenant shall not without written consent of Landlord use any apparatus, equipment or suspend device in the services required Premises, including without limitation, computers, electronic data processing machines, copying machines, and other machines, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises as determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be furnished by Landlord under this Article 15 when installed in the necessity therefor arises by reason Premises so as to measure the amount of accidentwater, emergency, mechanical breakdown, electric current or when required by any Law, or other resource consumed for any such other cause beyond use. Tenant shall pay directly to Landlord as an addition to and separate from payment of Operating Expenses the reasonable control cost of Landlordall such additional resources, energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord shall use reasonable efforts may add to complete all repairs the separate or metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other work resource so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is locatedconsumed. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnishany 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 for delay, suspension any change in the character or reduction in furnishing, means of supplying or providing any of the utilities, such utilities or services or other manner of thing required to be furnished by Landlord hereunder, if such any supplier thereof; (b) the failure to furnish or delay, suspension or reduction delay in furnishing same any such utilities or services when such failure or delay is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of GodGod or the elements, Landlord’s compliance with governmental regulation labor disturbances of any character, or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that accidents or other conditions beyond the reasonable control of Landlord shall, in the event or because of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas any interruption of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect service due to Tenant’s property and interestuse of water, and electric current or other resource in excess of that being supplied or furnished for the use of the Premises as of the date Tenant shall obtain insurance coverage takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the extent Premises or the Building, whether by Regulation or otherwise; not shall any such occurrence constitute an actual or constructive eviction of Tenant. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant desires protection against in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such criminal acts and other lossesvoluntary, reasonable program. In addition, Landlord reserves the right to modifychange the supplier or provider of any such utility or service from time to time however, supplement any such change shall not disrupt Tenant’s ability to conduct its business provided that if such a disruption is unavoidable, Landlord shall take commercially reasonable steps to mitigate the impact of the discruption. Tenant shall have no right to contract with or revise the access system at otherwise obtain any time in its sole judgment. Said access system is not intended electrical or other such service for or with respect to serve as security for the Premises or otherwise Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord’s suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for individual tenant-occupied spaces the purpose of installing, maintaining, repairing, replacing or suitesupgrading such service or any equipment or machinery associated therewith. 15.5 C. Tenant shall have pay, upon demand, for all utilities furnished to the right Premises, or if not separately billed to provide and maintain a security system within or metered to Tenant, Tenant’s Proportionate Share of all charges jointly serving the Premises Project in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations Paragraph 7. All sums payable under Article 9 abovethis Paragraph 15 shall constitute Additional Rent hereunder.

Appears in 1 contract

Sources: Landlord Consent to Sublease (Premier Commercial Bancorp)

Services and Utilities. 15.1 (a) Landlord shall provide the following services maintenance and utilities repairs described in a manner consistent with paragraph 7(a), except for damage occasioned by the standards for quality followed in comparable facilities in the jurisdiction act of Tenant, in which case, but in any event subject to the Building is located:terms of Paragraph 11 above, such damage shall be repaired by Landlord at Tenant’s expense. (ib) Electrical service Subject to operate the common areas provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the premises during ordinary business hours of generally recognized business days, to be determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and electrical capacity to a point legal holidays), hot and cold water and electricity suitable for the intended use of connection at the Building Premises, heat and air conditioning required in Landlord’s judgment for Tenant. It is understood the comfortable use and agreed occupation of the Premises, janitorial services during the times and in the manner that such services are, in landlord’s judgment, customarily furnished in comparable office buildings in the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenantimmediate market area, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject if the Building has an elevator) which shall mean service either by non-attended automatic elevators or elevators with attendants, or both, at the option of the Landlord. Notwithstanding the above, except in the case of emergencies, utilities to scheduling the Building and elevator service shall be provided every day. At Tenant’s request, Landlord shall provide additional or after hours heating or air conditioning and Tenant shall pay to Landlord a reasonable charge for such services as determined by Landlord (not to exceed Landlord) in common ’s actual costs, which costs do not include depreciation). Tenant agrees at all times to cooperate fully with Landlord and other tenants to abide by all the regulations and their contractorsrequirements which Landlord may prescribe for the proper functioning and protection of the heating, agents ventilating and visitors; providedair conditioning system. Wherever heat generating machines, however, that Landlord shall have the right to remove elevators from service as they excess lighting or equipment are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to used in the Premises and which affect the Building 24 hours per daytemperature otherwise maintained by the air conditioning system, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interruptinstall supplementary air conditioning units in the Premises, curtail 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. To the extent Tenant requires water, electricity, heat, air conditioning or suspend other services in portions of the services required Premises which are not metered separately from other tenants of the Project and in amounts in excess of amounts delivered to such other tenants of the Project as reasonably determined by Landlord, Tenant shall pay to Landlord a reasonable charge for such excess amounts as determined by Landlord. Landlord shall make available to Tenant reasonable documentation supporting its charges for such excess services. (c) Tenant will not without the written consent of Landlord, which consent shall not be unreasonably, withheld or delayed, use any apparatus or device in the Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, electronic data processing machines, punch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is designed, which will in any way materially increase the amount of gas, electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes or gas outlets, any apparatus or device for the purposes of using gas, electrical current or water. If Tenant shall require water or electrical current or any other resource in excess of that usually furnished or supplied for use of the Premises as general office space, Tenant shall first obtain the consent of Landlord, which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be furnished installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. The cost of any such meters and of installation, maintenance an repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord under this Article 15 when for all such water, electric current or other resource consumed, as shown by said meters, at the necessity therefor arises rates charged by the local public utility, furnishing the same, plus any additional expense incurred, in keeping account of the water, electric current or other resource so consumed. (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 by reason of accident(i) the installation, emergency, mechanical breakdownuse or interruption of use of any equipment in connection with the foregoing utilities and services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Force Majeure, or when required by the making of repairs or improvements to the Premises or to the Building (unless such failure or delay is caused by Landlord’s negligence or willful misconduct); or (iii) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any Lawother form of energy, or for any other cause beyond service or utility whatsoever serving the reasonable control Premises, the Building or the Project. Furthermore, Landlord shall be entitled to cooperate with the mandatory requirements of national, state or local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a consequence of cessation of gas and electric utilities or other services provided to the Premises resulting from a casualty covered by Landlord’s insurance, then Tenant’s Base Rent and Additional Charges shall a▇▇▇▇ during the period of time in which Tenant cannot occupy the Premises for Tenant’s use, but only to the extent of rental abatement insurance proceeds received by Landlord. Landlord shall use reasonable efforts diligence to complete all make such repairs or other work so that Tenant’s inconvenience resulting therefrom as may be required to lines, cables, wires, pipes equipment or machinery within the Project to provide restoration of the services. Landlord is responsible for as short a period providing under this Paragraph 12 and, where the cessation or interruption of time as such services has occurred due to circumstances will permit. 15.3 Landlord will furnish or conditions beyond Project boundaries, to cause the same to be restored, by diligent application or request to the provider thereof. In no event shall any mortgagee or beneficiary under any mortgage or deed of trust on all services and utilities required by this Lease only during or any portion of the normal hours of operation of Project, the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in or the jurisdiction in land on which the Building is located. The normal hours of operation all or any portion of the Building are from 7:00 am to 7:00 pm.Project is located (any such mortgagee or beneficiary, Monday through Friday. It is understood and agreed that Landlord shall not a “Mortgagee”) be or become liable for failure to furnish, or for delay, suspension or reduction in furnishing, any default of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and servicesunder this Paragraph 12. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Sublease (DemandTec, Inc.)

Services and Utilities. 15.1 (a) Landlord shall provide will furnish air-conditioning during the following seasons of the year when air-conditioning is required and heat during the seasons of the year when heat is required with a system designed to perform in accordance with those specifications set forth in Exhibit "C" attached hereto and made a part hereof. Landlord will supply reasonably adequate water, exterior window cleaning, char and janitorial and such other service (done after 5:30 PM Monday through Friday, only (except legal holidays)) and such other building services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas maintenance of the Building, Building systems and electrical capacity Common Facilities as are required in Landlord's sole but reasonable judgment commensurate with the standards of a first-class office facility. Landlord shall not be obligated to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, provide janitorial service if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services refuses entry to the Premises. (ii) Heat and air-conditioning for the common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger cleaning staff after 5:30 PM. Landlord will also provide elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that means of automatically-operated elevators. Landlord shall have the right to remove elevators from service as they are if required for moving freight freight, or for servicing and/or servicing, maintaining the elevators and/or or constructing the Building. If due to use of the Premises or rearrangement of partitioning after the initial preparation of the Premises interference with normal operation of the air-conditioning in the Premises results, necessitating changes in the air- conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant's sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun's position whenever the air-conditioning system is in operation and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the Rules and Regulations which Landlord may prescribe for the proper functioning and protection of the air-conditioning system. (vb) Access Landlord shall furnish the electric energy that Tenant shall require in the Premises consistent with the electrical specifications set forth in Exhibit "D" attached hereto and made a part hereof. Tenant shall pay to Landlord as Additional Rent the cost of all electric energy furnished to Tenant at the Premises, other than for heating and air-conditioning purposes. Additional Rent for such electric energy shall be calculated and payable as follows: Within a reasonable time after the Commencement Date, subsequent to Tenant's having taken occupancy of the Premises and having installed and commenced the Building 24 hours per dayuse of Tenant's electrical equipment, 365 days Landlord shall cause at Landlord's expense, a yearsurvey to be made by a reputable independent electrical engineer of the estimated use of electric energy (other than for heat and air- conditioning) to the Premises, subject and shall compute the cost thereof for the quantity so determined at prevailing retail rates charged to reasonable security regulations Landlord. The electric service charges shall equal the cost to Landlord, including rate increases as provided for in this Section, of the estimated use of electrical energy (other than for heat and air conditioning) so determined. Tenant shall have the right to review the survey prepared by Landlord's engineer and to dispute its findings, based on the findings of Tenant's engineer. Tenant shall pay Landlord the cost of such electric energy, as providing identification so calculated on a monthly basis, as Additional Rent, together with its payment of Basic Rent. Prior to Building security personnel) imposed such calculation such cost shall be calculated on the basis of the Electrical Service Cost Amount. Tenant's use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment serving the Premises, as the same are specified in Exhibit "D". In order to insure that such capacity is not exceeded and to avoid possible adverse effect upon the electric service to the Building, Tenant shall not, without Landlord's prior written consent in each instance, connect any additional fixtures, appliances or equipment to the electric distribution system or make any alteration or addition to the electric system of the Premises existing on (or planned by Tenant and disclosed to Landlord during non-business hours. (vi) Replacement as of all Building standard lighting tubes the Commencement Date. If Tenant furnishes Landlord a sufficiently detailed description of Tenant's proposed electrical equipment and bulbs, if any, located in common areas. 15.2 Landlord agrees the capacity thereof prior to operate Commencement Date and maintain the Building in accordance with the standards requirements of Exhibit "B", completion of Improvements, attached hereto (the "Work Letter"), Landlord agrees to review Tenant's proposal and not to unreasonably withhold prior approval to that proposal within a reasonable time after its submission provided that such plans do not require the provision of additional electrical capacity by the utility serving the Building. If Landlord consents, all additional risers or other equipment required shall be provided by Landlord at Tenant's sole cost and expense and paid for quality followed by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord, at Tenant's sole expense, may cause a new survey to be made of the use of electric energy (other comparable facilities than for heating and air-conditioning) in order to calculate the potential additional electric energy to be made available to Tenant based upon the estimated additional capacity of such additional risers or other equipment. When the amount of such increase is so determined and the estimated cost thereof is calculated, the amount of monthly Additional Rent payable pursuant to this Section shall be adjusted to reflect the additional costs and shall be payable as herein provided. If there is an increase or decrease in the jurisdiction in which rate schedule (including surcharges or demand adjustments) of the public utility for the supply of electrical service to the Building is located and or the imposition of any tax with respect to provide building security personnelsuch service or increase in any such tax following the Commencement Date, equipment, procedures and systems the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the Building similar aforesaid tax. All computations shall be made on the basis of Tenant's surveyed usage as if a meter measuring such usage to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the Premises exclusively was in place. (c) All services required to be furnished and utilities provided by Landlord under this Article 15 when shall be provided during normal hours of operation of the necessity therefor arises by reason Building (except char and janitorial services which are described above), which are 7:30 AM to 6:00 PM Monday through Friday and 8:00 AM to 12:00 noon Saturday. There are no normal hours of accident, emergency, mechanical breakdown, operation of the Building on Sundays or when required by any Law, or for any other cause beyond the reasonable control of Landlord. legal holidays and Landlord shall use reasonable efforts not be obligated to complete all repairs maintain or other work so that operate the Building at such times unless special arrangements are made by Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 . Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in . One automatically operated elevator shall be subject to call at all times. Tenant shall have access to the Premises on a manner consistent with industry standards for comparable buildings in 24-hour per day and 7-day per week basis. If Tenant requires airconditioning or heat beyond the jurisdiction in which the Building is located. The normal hours of operation set forth herein and provided arrangements are made with the Landlord's agent, Landlord will furnish such air-conditioning or heat if the Tenant agrees to pay for the same with the next monthly installment of rent in accordance with the Building are then-current schedule of costs and assessments therefor, which such schedules shall be published from 7:00 am time to 7:00 pm.time by Landlord and furnished to Tenant, Monday through Fridaythe same being determined by Landlord's engineer to reflect Landlord's cost, not to exceed $50.00 per hour. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delaydelays, suspension suspensions or reduction reductions in furnishing, any of the utilities, utilities or services or other manner of thing required to be furnished performed by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with 's conformance to governmental regulation or legislation legislation, regulation, or judicial or administrative orders orders, or from any other cause whatsoever; provided, however, that Landlord shall, in . (d) In the event an interruption of a breakdown, use reasonable diligence any of the services to repair all equipment owned be provided by Landlord described in this Section 6 or elsewhere in this Lease (other than interruption caused by reasons beyond Landlord's reasonable control), which interruption substantially interferes with Tenant's conduct of business at the Premises, continues for more than three (3) consecutive business days, all items of rent and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building additional rent shall thereafter be abated during the Lease Term (“Electronic Access System”); provided, however, that continuity of such substantial interference until such services are restored to where no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suitessubstantial interference continues. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Lease Agreement (Itxc Corp)

Services and Utilities. 15.1 13.1 Provided that no Event of Default by Tenant exists under this Lease, and subject to the other provisions of this Lease, Landlord shall provide agrees to furnish to the Premises during Business Hours on generally recognized business days (but exclusive in any event of Sundays and federal holidays), the following services and utilities in a manner utilities, commensurate with industry standard consistent with other comparable office buildings in Washington, D.C., as adjusted to account for the standards for quality followed in comparable facilities in relative size, age, character, quality, condition, and location of such other buildings, subject to the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas rules and regulations of the Building, prescribed from time to time: (a) water suitable for normal office use of the Premises, and hot and cold watering Building standard restrooms and chilled water in Building standard drinking fountains; (b) heat and air conditioning required in Landlord’s judgment for the use and occupation of the Premises; (c) cleaning and janitorial service; (d) elevator service by non-attended automatic elevators; (e) such window washing as may from time to time in Landlord’s judgment be reasonably required; (f) equipment to bring to Tenant’s meter, electricity in the amount of five (5) ▇▇▇▇▇ per rentable square foot in the Premises for heating and cooling, lighting, operation of business machines and equipment which are normally employed for general office use, convenience power such as for outlets, and plumbing (the “Normal Wattage”); and (g) all Building standard replacement tubes, lamps, ballasts and bulbs in the Premises (and the installation thereof). To the extent that Tenant is not billed directly by public utility therefor, if Tenant’s monthly per rentable square foot electrical capacity use in the Premises exceeds the Normal Wattage, as reasonably determined by Landlord, Tenant shall pay to a point Landlord, upon Landlord’s written demand, as Additional Rent, the monthly costs of connection electricity used in the Premises in excess of such Normal Wattage, as measured on monthly basis, and all costs of sub metering necessary to determine such excess usage. The charge shall be at the Building rates charged for Tenantsuch services by the local public utility. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, Landlord shall not be borne by Tenantliable for, and it is also understood and agreed that to Tenant shall not be responsible for paying all costs associated with all utility services entitled to, any abatement or reduction of rental by reason of Landlord’s failure to the Premises. (ii) Heat and air-conditioning for the common areas furnish any of the Building during normal hours foregoing, unless such failure shall persist for an unreasonable time after written notice of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory such failure is given to Landlord by Tenant and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, further that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (v) Access to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (not be liable when such as providing identification to Building security personnel) imposed failure is caused by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located and to provide building security personnel, equipment, procedures and systems in the Building similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergencybreakage, mechanical breakdownrepairs, labor disputes of any character, energy usage restrictions or when required by any Lawother cause, similar or for any other cause dissimilar, beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period remedy any interruption in the furnishing of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required utilities. Tenant hereby acknowledges and agrees that Landlord is obligated to provide only the services and amenities expressly described above, and that Landlord, its agents and representatives, have made no representations whatsoever of any additional services or amenities to be provided by this Lease only during the normal hours of operation of the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings Landlord now or in the jurisdiction in which future under this Lease. Notwithstanding the Building is located. The normal hours of operation foregoing, Tenant recognizes that Landlord may, at Landlord’s sole option, elect to provide additional services or amenities for the tenants of the Building are from 7:00 am time to 7:00 pm.time, Monday through Friday. It is understood and agreed hereby agrees that Landlord Landlord’s discontinuance of any provision of any such additional services or amenities (including any such additional services or amenities presently being provided) shall not be liable for failure constitute a default of Landlord under this Lease nor entitle Tenant to furnish, or for delay, suspension any abatement of or reduction in furnishingrent. 13.2 Should Tenant require any additional work or service, as described above, including services furnished outside Business Hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such additional service and Tenant agrees to pay Landlord such charges as may be agreed upon, including any tax imposed thereon, but in no event at a charge less than landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable allowance for depreciation of any systems being used to provide such service. As of the date of execution hereof, after hours heating and cooling is available upon forty eight (48) hours advance written notice to Landlord. The current rate for after hours heating and cooling is $55.00 per hour per floor but is subject to change from time to time and at any time in Landlord’s sole and absolute discretion. Such rate shall be allocated proportionately among tenants availing themselves of such after hours heating and cooling based upon the square footage of such tenants’ premises or as otherwise equitably determined by Landlord in the event that less than all tenants on one (1) floor request such after hours heating and cooling. 13.3 Whenever (i) the Premises are occupied by more than one person per 110 square feet of usable area or (ii) heat-generating machines or equipment (other than commercially reasonable number of personal computers, copiers and other electrically-operated office machinery and equipment normally used in modern offices) are used by Tenant in the Premises which affect the temperature otherwise maintained by the air-conditioning system, Landlord reserves the right to install supplementary air conditioning units in or for the benefit of the Premises and the cost thereof, including the cost of installation and the cost of operations and maintenance, shall be paid by Tenant to Landlord upon demand as such Additional Rent. 13.4 Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including but not limited to, electronic data processing machines and machines using current in excess of 300 ▇▇▇▇▇ or 110 volts, which will in anyway increase the amount of electricity or water usually furnished or supplied for use of the Premises for normal office use, nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes, any of apparatus or device for the utilities, services purposes fusing electrical current or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoeverwater; provided, however, notwithstanding the foregoing, Landlord acknowledges that Tenant’s usage of personal and customary office-size copiers and personal desktop computers shall not constitute a breach of the foregoing restrictions on office equipment machines which use more than 300 ▇▇▇▇▇ or 110 volts so long as Tenant’s copiers and computers are not “commercial size” copiers, mini-workstation computers, or mainframe computers. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as normal office use, Tenant shall procure the prior written consent of Landlord shallfor the use thereof, which Landlord may refuse, and if Landlord does consent, Landlord may cause a water meter or electric current meter to be installed so as to measure the amount of such excess water and electric current. The cost of any such meters shall be paid for by Tenant. Tenant agrees to pay as Additional Rent to Landlord promptly upon demand therefor, the cost of all such excess water and electric current consumed (as shown by said meters, if any, or, if none, as reasonably estimated by Landlord) at the rates charged for such services by the local public utility or agency, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current so consumed. 13.5 Subject to any supervening events of force majeure or other emergencies, Tenant shall have access to the Building and the Premises twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks per year. Landlord shall electronically control access to the Building’s perimeter entrances (excluding garage stairwells) after Business Hours and on holidays as Landlord deems appropriate. Landlord’s undertaking of such controlled access shall not give rise to any liability of Landlord in the event of a breakdownany loss, use reasonable diligence injury or damage to repair all equipment owned Tenant, its employees, agents, licensees or other invitees, or the property thereof. Landlord shall initially provide Tenant with access cards readable by Landlord’s Building access control system, at no charge to Tenant at the rate of one (1) access card per employee of Tenant working in the Premises as of the Commencement Date. Any such initial cards or passkeys which are inoperative shall be replaced by Landlord at Landlord’s expense (and not be included in Direct Expenses). Landlord shall provide all building standard equipment furnished subsequent access cards for such system at Tenant’s sole cost which shall be the cost payable by Landlord which is required to provide its access control system provider for such utilities and servicescards. 15.4 13.6 Landlord agrees to initially shall provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); providedTenant with, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to upon Tenant’s request at Landlord’s gross negligence the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interestsole expense, and Tenant shall obtain insurance coverage use only: (i) one (1) Building standard suite entry signage on or near Tenant’s suite entry door; and (ii) for the names of Tenant and its employees, up to a maximum of three (3) Building standard directory strips in the extent Building’s lobby directory per each 1,000 rentable square feet leased by Tenant desires protection against such criminal acts and other lossesunder this Lease (excluding storage or parking spaces). Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. 15.5 Tenant shall have exclusive control over the right to provide Building’s lobby directory. The reasonable costs of any replacement or additional signage shall be at Tenant’s expense and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 abovepayable as Additional Rent hereunder upon written demand.

Appears in 1 contract

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

Services and Utilities. 15.1 Landlord shall provide furnish the following services services: (a) air conditioning and utilities heating in a manner consistent with season Monday through Friday from 8:00 a.m. to 6:00 p.m., and Saturdays from 9:00 a.m. to 1:00 p.m., Legal Holidays excluded; at other times, air conditioning and heating will be furnished at the standards for quality followed in comparable facilities in the jurisdiction in which the then Building is located: standard charge (ipayable by Tenant to Landlord on written demand by Landlord) Electrical and on then Building standard terms relating to advance notice, minimum hours, minimum zones, and other matters; (b) janitorial and general cleaning service on Business Days; (c) passenger elevator service to operate the common areas all floors of the Building; (d) common restroom facilities and necessary lavatory supplies, including cold running water; and (e) electricity for the purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacity to a point of connection at capacities for the Building Premises (excluding electricity for Tenant. It is understood and agreed that separately metered equipment exclusively serving the cost of separately metering any electrical or other utility servicePremises, if anysuch as supplemental HVAC units, the costs for which shall be borne paid by Tenant, and it is also understood and agreed that Tenant to Tenant shall be responsible for paying all costs associated with all utility services to the Premises. (ii) Heat and air-conditioning for the common areas Landlord upon receipt of the Building during normal hours of operation of the Building as set forth in Section 15.3 below. (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposes. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by invoice from Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that ). Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or select the Building. (v) Access to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards for quality followed by other comparable facilities in the jurisdiction in which the Building is located ’s electric service provider and to provide building security personnelswitch providers at any time. Tenant’s use of electrical, equipment, procedures and systems in the Building similar to HVAC or other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accidentshall not exceed, emergencyeither in voltage, mechanical breakdownrated capacity, use, or when required by any Lawoverall load, or that which Landlord deems to be standard for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building. Tenant shall pay all costs associated with any such additional utility usage, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in including the jurisdiction in which the Building is locatedinstallation of separate meters. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that In no event shall Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of damages resulting from the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish any service, and any interruption or delay, suspension or reduction failure shall in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity no manner entitle Tenant to any remedies including abatement of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from Rent.. If at any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building time during the Lease Term the Project has any type of access control system for the Parking Areas or the Building, Tenant shall purchase access cards for all occupants of the Premises from Landlord at the then Building standard charge. If Tenant desires any service which Landlord has not specifically agreed to provide in this Lease, such as private security systems or telecommunications services serving the Premises, Tenant shall procure such service directly from a reputable third party service provider (“Electronic Access SystemProvider); provided) for Tenant’s own account. Tenant shall require each Provider to comply with the Building’s rules and regulations, howeverall laws, and Landlord’s reasonable policies and practices for the Building. Tenant acknowledges Landlord’s current policy that no representation or warranty with respect to the adequacy, completeness or integrity requires all Providers utilizing any area of the Electronic Access System is made Project outside the Premises to be approved by Landlord, Landlord and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may not be effectiveenter into a written agreement acceptable to Landlord prior to gaining access to, or may malfunctionmaking any installations in or through, or be circumvented by a criminalsuch area. Accordingly, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against give Landlord written notice sufficient for such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suitespurposes. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Office Lease (FlexShopper, Inc.)

Services and Utilities. 15.1 (A) Landlord shall provide the following services and utilities (the cost of which shall be included in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located:Operating Expenses unless otherwise stated herein): (i) Electrical service to operate the common areas Common Areas of the Building, and electrical capacity of not less than 8 ▇▇▇▇▇ per rentable square foot of the Premises to a point of connection at the Building for Tenant, as is customarily required for the use of standard and customary office lighting, electrical outlets, equipment and accessories consistent with the level of service of other office building properties of the same class, age and in the geographic vicinity of the Building. It is understood and agreed that the The cost of separately metering or sub-metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs and expenses associated with all electricity or other utility services to used or consumed in, or provided to, the Premises. (ii) Heat and airAir-conditioning for the common areas Common Areas of the Building to provide a temperature required, in Landlord’s reasonable opinion and in accordance with applicable Law, under normal business operations during normal hours of operation of “Normal Business Hours” for the Building (which are 7:00 a.m. to 7:00 p.m. on Mondays through Fridays, and 8:00 a.m. to 1:00 p.m. on Saturdays, except on Holidays (as set forth defined in Section 15.3 belowArticle 24). (iii) Cold water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and, subject to Landlord’s approval, water at Tenant’s expense for any private restrooms and supplies for such lavatory and toilet purposesoffice kitchen requested by Tenant. (iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, (if the Building has such equipment serving the Premises) and freight elevator service (if the Building has such equipment serving the Premises), subject to scheduling and reasonable charges by Landlord) , in common with Landlord and other tenants and their contractors, agents and visitors; provided. The passenger elevator shall be available twenty-four (24) hours per day, howeverseven (7) days per week, that Landlord shall have the right subject to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Buildinginterruption due to maintenance, repair, replacement, and Force Majeure Delays. (v) Access to the Premises and the Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areasCommon Areas. 15.2 Landlord agrees to operate (B) A base building chilled water air conditioning system is currently maintained by Duke Energy Generation Services of Boca Raton, LLC and maintain may hereafter be maintained by another vendor designated by Landlord. Chilled water consumed by Tenant shall be separately metered. Tenant shall be responsible for the Building in accordance with cost of the standards for quality followed by other comparable facilities meter and installation thereof and the cost of Tenant’s HVAC and chilled water consumed in the jurisdiction in which Premises. Tenant shall have the Building is located ability to change its cooling days and hours at any time. Tenant shall be permitted to provide building security personneladd variable air volume boxes (“VAV’s”) to the ductwork, equipmentat locations approved by Landlord, procedures and systems in at Tenant’s expense, to allow Tenant to cool only the Building similar Premises upon request. Landlord’s prior written approval shall be required to other the plans and specifications for such comparable facilitiesVAV’s. Landlord reserves Tenant shall have the right to interruptinstall its own supplemental HVAC unit in the Premises, curtail which may run off of the local supplier’s riser, provided that the plans and location for installation of such supplemental HVAC unit are approved by Landlord in writing in advance and all metering and installation charges and costs for consumption shall be at Tenant’s expense. (C) Landlord may install and operate meters or suspend the any other reasonable system for monitoring or estimating any services or utilities which are not separately metered and are used by Tenant in excess of those required to be furnished provided by Landlord under this Article 15 when (including a system for Landlord’s engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord’s reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the necessity therefor arises existing Systems and Equipment), and Landlord’s reasonable charges for such amount of excess services or utilities used by Tenant. (D) Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord’s reasonable control (each, a “Force Majeure Interruption”). None of the same shall be deemed an eviction or disturbance of Tenant’s use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent (except as provided in the last sentence of this Section 7(D)), or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord in no event shall be liable for damages by reason of accidentloss of profits, emergency, mechanical breakdown, business interruption or when required by any Law, other consequential damages. In the event that services or for any other cause beyond the utilities that Landlord is obligated to provide pursuant to this Lease are interrupted and such interruption is in Landlord’s reasonable control and renders a material portion of Landlord. Landlord the Premises untenantable and Tenant actually ceases operation of its business in such portion of the Premises as a result thereof, then, except as otherwise provided in Article 12 hereof (which provisions shall use reasonable efforts to complete all repairs or other work so that Tenant’s inconvenience resulting therefrom may be govern the occurrence of an event described in such Article), then (i) if such condition continues for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services more than three (3) consecutive business days, Tenant shall be entitled to an abatement of Base Rent and utilities required by this Lease only during Additional Rent on a proportionate basis with respect to the normal hours of operation applicable portion of the Building, unless otherwise specified herein, Premises for the period of time from the beginning of the three (3) business day period until the day preceding the earlier of the date on which (x) such services or utilities are restored in a manner consistent with industry standards fit for comparable buildings Tenant’s normal use of the Premises, and (y) Tenant recommences operation of its business in the jurisdiction in which the Building is located. The normal hours of operation applicable portion of the Building are from 7:00 am to 7:00 pm.Premises, Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, (ii) if such failure to furnish or delay, suspension or reduction condition continues for more than sixty (60) days and such condition is in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; providedcontrol, however, that Landlord shall, in the event of a breakdown, use reasonable diligence Tenant shall have the right to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required terminate the Lease upon written notice to provide such utilities and servicesLandlord. 15.4 (E) Landlord agrees to provide and maintain an electronically controlled access system for the common areas Common Areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence or willful misconduct, the risk that any such system or entrance may not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in its sole reasonable judgment. Said access system is not intended to serve as security for the Premises or otherwise for individual tenant-occupied spaces or suites. Tenant shall be responsible for the cost of all access cards issued with respect to the Premises for the Electronic Access System. 15.5 (F) Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process set forth in the Workletter, or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.under

Appears in 1 contract

Sources: Office Lease (Medical Connections Holdings, Inc.)

Services and Utilities. 15.1 Landlord shall provide the following services and utilities in a manner consistent with the standards for quality followed in comparable facilities in the jurisdiction in which the Building is located: (i) Electrical service to operate the common areas of the Building, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, which shall be borne by Tenantincluded in Operating Expenses unless otherwise stated herein or in any separate rider hereto): (A) Electricity for standard office lighting fixtures, and it is also understood equipment and agreed that accessories customary for offices (up to Tenant shall 280 hours per month) where: (1) the connected electrical load of all of the same does not exceed an average of 4 ▇▇▇▇▇ per square foot of the Premises (or such lesser amount as may be responsible for paying all costs associated with all utility services to available, based on the safe and lawful capacity of the existing electrical circuit(s) and facilities serving the Premises), (2) the electricity will be at nominal 120 volts, single phase (or 110 volts, depending on available service in the Building), and (3) the safe and lawful capacity of the existing electrical circuit(s) serving the Premises is not exceeded. (iiB) Heat and air-conditioning to provide a temperature required, in Landlord's reasonable opinion and in accordance with applicable Law, for the common areas occupancy of the Building during Premises under normal hours business operations, from 8:00 a.m. until 6:00 p.m. Monday through Friday, except on Holidays (as defined in Article 25). Landlord shall not be responsible for inadequate air-conditioning or ventilation to the extent the same occurs because Tenant uses any item of operation of the Building as set forth in Section 15.3 belowequipment consuming more than 500 ▇▇▇▇▇ at rated capacity without providing adequate air-conditioning and ventilation therefor. (iiiC) Cold water Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Building, and supplies for such lavatory and toilet purposesProperty. (ivD) Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises. (E) Operatorless passenger elevator service 24 hours per days, 365 days per year, (if the Property has such equipment serving the Premises) and freight elevator service (if the Property has such equipment serving the Premises, and subject to scheduling by Landlord) in common with Landlord and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building. (vF) Access Landlord shall seek to provide such extra utilities or services as Tenant may from time to time request, if the same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Premises Property or existing Systems and Equipment (as defined in Article 25), and if Landlord shall receive Tenant's request within a reasonable period prior to the Building 24 hours per daytime such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, 365 days a yearunless Tenant shall notify Landlord of, subject or Landlord shall request, the names of authorized individuals (up to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours. (vi) Replacement of all Building standard lighting tubes and bulbs, if any, located in common areas. 15.2 Landlord agrees to operate and maintain the Building in accordance with the standards 3 for quality followed by other comparable facilities in the jurisdiction in each floor on which the Building is located Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay such charges as Landlord shall from time to provide building security personneltime reasonably establish. All charges for such extra utilities or services shall be due at the same time as the installment of Base Rent with which the same are billed, equipmentor if billed separately, procedures and systems in the Building similar to other shall be due within twenty (20) days after such comparable facilitiesbilling. Landlord reserves the right to interrupt, curtail may install and operate meters or suspend the any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be furnished provided by Landlord under this Article 15 when (including a system for Landlord's engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the necessity therefor arises existing Systems and Equipment), and Landlord's reasonable charges for such amount of excess services or utilities used by Tenant. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of accidentloss of profits, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the reasonable control of Landlord. Landlord shall use reasonable efforts to complete all repairs business interruption or other work so that Tenant’s inconvenience resulting therefrom may be for as short a period of time as circumstances will permit. 15.3 Landlord will furnish all services and utilities required by this Lease only during consequential damages. Notwithstanding the normal hours of operation of foregoing, if, due to the Building, unless otherwise specified herein, in a manner consistent with industry standards for comparable buildings in the jurisdiction in which the Building is located. The normal hours of operation of the Building are from 7:00 am to 7:00 pm., Monday through Friday. It is understood and agreed that Landlord shall not be liable for failure to furnish, or for delay, suspension or reduction in furnishing, any of the utilities, services or other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event unavailability of a breakdownservice or utility by reason other than casualty, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services. 15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (“Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is made by Landlord, and except for losses attributable to Landlord’s gross negligence the risk that any such system or entrance may Tenant can not be effective, or may malfunction, or be circumvented by a criminal, is assumed by Tenant with respect to Tenant’s property and interest, and Tenant shall obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in operate its sole judgment. Said access system is not intended to serve as security for business from the Premises or otherwise for individual tenant-occupied spaces or suitesten (10) business days, then Rent shall ▇▇▇▇▇ after such tenth business day until Tenant is able to operate its business from the Premises. 15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with the Tenant Work approval process or, in the event that such system is installed after completion of the Tenant Work, in accordance with the approval of Alterations under Article 9 above.

Appears in 1 contract

Sources: Office Lease (Corechange Inc)