Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority: (a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, and heating and air-conditioning in season at such temperatures as are deemed standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowance. (b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard. (c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference. (d) Subject to the provisions of Paragraph 10 and Paragraph 6 (a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas. (f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in The Building on the Buildingfloor(s) on which The Premises are located and central heal and air conditioning in the Premises in season, al such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however. heating and air-air conditioning in season service at such temperatures as are deemed standard by Landlord from time to time during normal business hours times other than for “Normal Business Hours” for the Building (which are hereby defined as 7:00 AM to 7:30 a.m. 10 6:00 PM Monday pm. on Mondays through Friday Fridays and 8:00 AM a.m. to 1:00 PM p.m. on SaturdaySaturdays, but exclusive of normal business holidays; however), electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE lease three (13) DAY days in advance of the The date such usage is requested. Tenant shall bear the entire cost of such requested additional service. service allocable to The Premises as such costs are determined by Landlord agrees from lime to use his best efforts time and shall pay such costs to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowanceupon demand.
(b) Routine maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises arc located, and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial serviceJanitor service in the Premises, Monday through Friday, but exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. A copy Tenant shall cooperate with Landlord’s employees In the furnishing by Landlord of janitorial specifications are attached services at such times (including Normal Business Hours) as Landlord elects to this Lease have the necessary work performed; provided, however, that janitorial services performed by landlord during Normal Business Hours shall be performed in such a manner as EXHIBIT D and incorporated herein by referenceto not interfere unreasonably with Tenants use of the Premises.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities13, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas. Single Floor Common Areas on the floor on which the Premises are located, and Service Services Areas.
(f) Access Landlord may elect to provide security in the form of limited access to the Building may be regulated during other than normal business Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for access to partially reimburse Landlord for the cost of the system which limits after-hours in such manner as Landlord deems appropriateaccess. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless Premises and Landlord shall not be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Buildinglosses. The failure by Landlord to any extent to furnish, furnish these services or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not neither render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.
Appears in 1 contract
Sources: Sublease Agreement (Englobal Corp)
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours be provided in first class office buildings within the North Dallas Tollway/Plano submarket or as required by governmental authority, provided, however, heating and air conditioning service at times other than for "Normal Business Hours" for the Building (which are hereby defined as 7:00 AM to 7:30 a.m. through 6:00 PM Monday p.m. on Mondays through Friday Fridays, and 8:00 AM 7:30 a.m. to 1:00 PM p.m. on SaturdaySaturdays, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building ) shall be furnished only upon the written request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requestedprior to 3:00 pm. Tenant shall bear the entire estimated cost of such requested additional service. Landlord agrees service for the floor of the Premises requiring additional services, which cost to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated currently billed at $1.00 35.00 per rentable square foothour. If TenantSuch amount shall be invoiced by Landlord with the monthly Electric Service Billing. Normal business holidays shall, for purposes of this Lease, be deemed to be New Year's usage exceeds the AllowanceDay, Tenant will be billed for such additional usageMemorial Day, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the AllowanceIndependence Day, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed Labor Day, Thanksgiving Day, Good Friday, Christmas Day, and both parties agree to act in good faith to monitor the Allowanceany other holidays commonly observed by landlords of comparable buildings.
(b) Routine maintenance and repair, including, without limitation, window washing, plumbing repairs, carpet cleaning, touch up painting, and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standardcustomary for first class buildings in the Dallas North Tollway/Plano sub-market.
(c) Reasonable janitorial Janitor service, Monday through Fridayfive (5) times weekly, but exclusive of normal business holidays. A copy ; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefor by referenceLandlord.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities7, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access Elevator Service twenty-four (24) hours a day, seven (7) days a week.
(g) Security in the form of limiting the general public's access to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriate, which will include a controlled access entry Initials: SK ------ system, such as a "cardex," keypad or similar system. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess the Building or damages are the Property, except in the event of liabilities or damage arising solely as a result of the Landlord's gross negligence or willful misconduct of Landlordin connection with providing security, its agents, contractors, or employees and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord's efforts to regulate access to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. The failure by Landlord to any extent to furnish, furnish or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof; provided, however, Base Rental and any additional rent due for Operating Expenses and Electrical Service shall be abated pro rata, if any failure to furnish or interruption or termination of such major services that renders the Premises untenantable shall continue for a period of five (5) business days or longer. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properlyproperly for any cause, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employeesthere from.
Appears in 1 contract
Services to be Furnished by Landlord. (a) So long as no Event of Default exists under this Lease, Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a1) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and heating central heat and air-air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Project in accordance with Section 6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are deemed considered to be standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises similar class office buildings within a three (3) mile radius of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE or as required by governmental authorities (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowanceincluding energy conservation requirements).
(b2) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c3) Reasonable janitorial Janitorial service, Monday through Fridayfive (5) days per week, but exclusive of normal business holidays. A copy Normal Business Holidays, at a level comparable to that provided in similar class office buildings within a three (3) mile radius of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by referencethe Building.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises and fluorescent and incandescent bulb replacement in Premises, the Common Areas and the Service Areas.
(f5) Access Tenant shall have access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlordat all times provided, however, except during Normal Business Hours access to the Building (or to the floor on which the Premises are located) shall be limited through the use of master entry cards and/or keys. Tenant shall receive fifty (50) master entry cards and/or keys for the Premises. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $20.00 per card. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. Landlord shall have no liability to Tenant, its employees, agents, invitees contractors, invitees, or licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages or injuries done by unauthorized persons in the Premises or on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Project. Tenant shall cooperate fully in Landlord's ’s efforts to regulate control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises provided Tenant affords Landlord the ability to gain access to the BuildingPremises in circumstances expressly permitted by this Lease.
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of two [2] ▇▇▇▇▇ per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”), provided that Tenant’s Miscellaneous Power requirements shall not exceed six (6) ▇▇▇▇▇ per square foot of Rentable Area of the Premises, of connected load or two (2) ▇▇▇▇▇ per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3-phase or require more than 500 ▇▇▇▇▇ for any piece of equipment (the “Building Standard Electrical Design Load”). The failure In the event Landlord determines that Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Suite 120 and Suite 232 (the server room adjacent to Suite 260) shall be separately metered and heating and air conditioning shall be available to Tenant in such suite 24 hours a day, seven days a week. Heating and air conditioning during other than Normal Business Hours shall be furnished for Suite 260 (excluding Suite 232) only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any extent other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord agrees to furnishprovide any additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or the interruption or termination ofany cessation thereof, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respectrespect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill fulfillment of any covenant or agreement thereofset forth in this Lease. Should any of the equipment or machinery used in the provision of such services for any cause cease be interrupted, Landlord shall use reasonable diligence to function properlyrestore the same promptly, but Tenant shall have no claim for offset rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall allow Tenant an equitable abatement of Rent or damages (based on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result severity of the negligence or misconduct interruption and the amount of Landlordspace unfit for occupancy) effective from the sixth (6th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, its agentsand (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, contractors, or employeesuntil such portion of the Premises is again fit for occupancy and such service is restored.
Appears in 1 contract
Sources: Office Lease Agreement
Services to be Furnished by Landlord. Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authorityservices at a level reasonably consistent with comparable class A office buildings:
(a) Hot and cold 1. Cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed considered by Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished to Tenant upon Tenant's initiation of the heating and air conditioning system after Normal Business Hours through use of Tenant's security access key. Tenant shall pay Landlord, upon demand as additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time during normal business time. Landlord's charge for after hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning HVAC services at times other than for normal business hours for the 5th and 7th floors tower area first two (2) years of the Premises of the Building initial Lease Term shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If$45.00 per hour, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancezone.
(b) 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standardstandard for buildings of similar class, size, age and location.
(c) Reasonable janitorial service3. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G or such other comparable specifications designated, Monday through Fridayfrom time to time, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall have no liability be subject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord.
4. Elevator service in common with other tenants of the Building for ingress and egress to and from the floor of the Premises during Normal Business Hours, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing the Premises shall be available for the use of Tenant, its employeestwenty-four (24) hours a day, agents365/6 days per year.
B. Except as otherwise expressly provided herein, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if (i) Landlord ceases to furnish any service In the Building, and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof; is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such five (5) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are . Landlord's entire obligation with respect to the result repair and maintenance of the negligence or misconduct of Premises are set forth above.
C. Tenant expressly acknowledges that If Landlord, its agentsfrom time to time, contractorselects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or employeesapprehend any one suspected of personal injury or property damage in, on or around the Property.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, Building on the floor(s) on which the Premises are located and heating central heat and air-air conditioning in season the Premises in season, at such temperatures and in such amounts as are deemed standard reasonably considered by Landlord from time to time during normal business hours which are hereby defined be standard or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority. Landlord shall provide heating, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business conditioning, utilities, and electricity twenty-four (24) hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE per day, seven (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (307) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowanceper week.
(b) Routine maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial serviceJanitor service in the Premises, Monday through Friday, but exclusive of normal business holidays; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. A copy Tenant shall cooperate with Landlord's employees in the furnishing by Landlord of janitorial specifications are attached services at such times (including Normal Business Hours) as Landlord elects to this Lease have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as EXHIBIT D and incorporated herein by referenceto not interfere unreasonably with Tenants use of the Premises.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities13, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas.
(f) Access Landlord may elect to provide security in the form of limited access to the Building may be regulated during other than normal business Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for access to partially reimburse Landlord for the cost of the system which limits after-hours in such manner as Landlord deems appropriateaccess. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless Premises and Landlord shall not be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall shall
(a) cooperate fully in Landlord's efforts to regulate access to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. The failure by Landlord to any extent to furnish, furnish these services or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not neither render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.
Appears in 1 contract
Sources: Lease Agreement (Englobal Corp)
Services to be Furnished by Landlord. (a) So long as no Event of Default exists under this Lease, Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a1) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and heating central heat and air-air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Project in accordance with Section 6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are deemed considered to be standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises similar class office buildings within a three (3) mile radius of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE or as required by governmental authorities (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowanceincluding energy conservation requirements).
(b2) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c3) Reasonable janitorial Janitorial service, Monday through Fridayfive (5) days per week, but exclusive of normal business holidays. A copy Normal Business Holidays, at a level comparable to that provided in similar class office buildings within a three (3) mile radius of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by referencethe Building.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises and fluorescent and incandescent bulb replacement in Premises, the Common Areas and the Service Areas.
(f5) Access Tenant shall have access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlordat all times provided, however, except during Normal Business Hours access to the Building (or to the floor on which the Premises are located) shall be limited through the use of master entry cards and/or keys. Tenant shall receive fifty (50) master entry cards and/or keys for the Premises. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $20.00 per card. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. Landlord shall have no liability to Tenant, its employees, agents, invitees contractors, invitees, or licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages or injuries done by unauthorized persons in the Premises or on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Project. Tenant shall cooperate fully in Landlord's ’s efforts to regulate control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises provided Tenant affords Landlord the ability to gain access to the BuildingPremises in circumstances expressly permitted by this Lease.
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of two [2] w▇▇▇▇ per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”), provided that Tenant’s Miscellaneous Power requirements shall not exceed six (6) w▇▇▇▇ per square foot of Rentable Area of the Premises, of connected load or two (2) w▇▇▇▇ per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3-phase or require more than 500 w▇▇▇▇ for any piece of equipment (the “Building Standard Electrical Design Load”). The failure In the event Landlord determines that Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Suite 120 and Suite 232 (the server room adjacent to Suite 260) shall be separately metered and heating and air conditioning shall be available to Tenant in such suite 24 hours a day, seven days a week. Heating and air conditioning during other than Normal Business Hours shall be furnished for Suite 260 (excluding Suite 232) only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any extent other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord agrees to furnishprovide any additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or the interruption or termination ofany cessation thereof, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respectrespect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill fulfillment of any covenant or agreement thereofset forth in this Lease. Should any of the equipment or machinery used in the provision of such services for any cause cease be interrupted, Landlord shall use reasonable diligence to function properlyrestore the same promptly, but Tenant shall have no claim for offset rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall allow Tenant an equitable abatement of Rent or damages (based on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result severity of the negligence or misconduct interruption and the amount of Landlordspace unfit for occupancy) effective from the sixth (6th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, its agentsand (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, contractors, or employeesuntil such portion of the Premises is again fit for occupancy and such service is restored.
Appears in 1 contract
Sources: Office Lease Agreement (Masergy Communications Inc)
Services to be Furnished by Landlord. 8.1 Landlord agrees to furnish Tenant with the following servicesservices (“Landlord Services”), subject the costs and expenses attributable to any limitations which may shall be imposed thereon included in the Expenses:
8.1.1 Water service for use in the lavatories on each floor on which the Premises are located and the Premises.
8.1.2 Heating, ventilating and air conditioning (“HVAC”) services in season during Building Hours as set forth in Article 1, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. In addition, Tenant shall have the right to receive HVAC service during hours other than Building Hours by providing Landlord with not less than 24 hours prior notice on a business day (excluding weekends and holidays) and provided Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time by time. Landlord shall provide Tenant with at least thirty (30) days prior notice of any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants increase in the Buildingstandard Building uniform charge. Notwithstanding the forgoing, for server rooms in the Premises, HVAC and electrical use shall be separately charged, and heating and air-conditioning in season at such temperatures as are deemed standard costs (equal to $5.00/hour [subject to changes by Landlord from time to time during normal business to reasonably reflect changes in utility charges and other costs to Landlord] for all hours which are hereby defined as 7:00 AM outside of Building Hours [by way of example, 13 hours per day for all weekdays, 19 hours on all Saturdays, and 24 hours on all Sundays ) shall be payable directly by Tenant to 6:00 PM Monday through Friday Landlord, and 8:00 AM such hourly rate will also include tower water, tower maintenance, and related expenses. In connection with such separate charges, prior to 1:00 PM on Saturdaythe Commencement Date, but exclusive Landlord agrees, that the current Building HVAC service provides for separately zoned HVAC service solely serving Tenant’s server room (in addition to the standard HVAC service serving the remaining portion of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours the Premises). If Tenant installs any additional HVAC units for the 5th Premises, Tenant shall be solely responsible for all maintenance and 7th floors tower area repairs.
8.1.3 Landlord’s Maintenance Obligations (as defined in Section 18.1 below).
8.1.4 Exterior painting and cleaning, including windows.
8.1.5 Janitor service for the Building and the Premises not less than five (5) days per week, unless such week includes a legal holiday. See Exhibit G.
8.1.6 If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to such special services, including any reasonable and customary markup for profit or overhead.
8.1.7 Trash and debris removal related to the maintenance or operation of the Premises of and the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the AllowanceProject.
(b) Routine maintenance 8.1.8 Alarm and electric lighting service security services for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability are customarily provided from time to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done time by unauthorized persons on the Premises, unless such lossess or damages are the result owners of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully comparable office buildings in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described services in whole or part resulting from causes beyond the ’s sole reasonable control of Landlord shall not render Landlord liable in any respect, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employeesdiscretion.
Appears in 1 contract
Services to be Furnished by Landlord. (a) So long as no Event of Default exists under this Lease beyond any applicable grace period, Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot : Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and heating central heat and air-air conditioning in season (the cost of such service to be paid by Tenant and other tenants of Landlord’s Premises in accordance with Section 6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are deemed considered to be standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises similar class office buildings within a three (3) mile radius of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE or as required by governmental authorities (including energy conservation requirements).
(1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowance.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c2) Reasonable janitorial service, Monday through Friday, but exclusive Janitorial service at a level comparable to that provided in similar class office buildings within a three (3) mile radius of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by referencethe Building.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e3) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises and fluorescent and incandescent bulb replacement in Premises, the Common Areas and the Service Areas.
(f4) Access Tenant shall have access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlordat all times provided, however, except during Normal Business Hours, access to the Building (or to the floor on which the Premises are located) shall have no liability be limited through the use of master entry cards, a card reader entry system and/or keys. Tenant shall receive five (5) master entry cards and/or keys. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $10.00 per card. Tenant agrees to Tenantsurrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND ANY LANDLORD RELATED PARTY HARMLESS FROM, its employeesAND REIMBURSE LANDLORD AND ANY LANDLORD RELATED PARTY FOR AND WITH RESPECT TO, agentsANY AND ALL COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), invitees or licensees for losses due to theft or burglaryDEMANDS, or for damages or injuries done by unauthorized persons on the PremisesCLAIMS, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY THEFT OR BURGLARY OR FROM DAMAGES DONE BY UNAUTHORIZED PERSONS IN THE PREMISES OR ON LANDLORD'S PREMISES THAT GAIN ACCESS TO THE BUILDING WITH ANY OF TENANT’S MASTER ENTRY CARDS AND/OR KEYS EXCEPT TO THE EXTENT ARISING FROM THE GROSSLY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF LANDLORD OR ANY LANDLORD RELATED PARTY. Tenant shall cooperate fully in Landlord's efforts to regulate control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises, provided Tenant affords Landlord the ability to gain access to the BuildingPremises in circumstances expressly permitted by this Lease.
(5) Electricity and proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”). The failure In the event Landlord determines that Tenant will require, or is consuming, special lighting or Miscellaneous Power in excess of Building Standard, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs.
(6) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(7) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any extent other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord agrees to furnishprovide any additional services at the specific request of Tenant, other than after-hours HVAC, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service plus an administrative charge equal to ten percent (10%) of such cost, plus applicable sales tax, within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or the interruption or termination ofany cessation thereof, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respectrespect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill fulfillment of any covenant or agreement thereofset forth in this Lease. Should any of the equipment or machinery used in the provision of such services for any cause cease be interrupted, Landlord shall use reasonable diligence to function properlyrestore the same promptly, but Tenant shall have no claim for offset rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall allow Tenant an equitable abatement of Rent or damages (based on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result severity of the negligence or misconduct interruption and the amount of Landlordspace unfit for occupancy) effective from the fourth (4th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, its agentsand (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, contractors, or employeesuntil such portion of the Premises is again fit for occupancy and such service is restored.
Appears in 1 contract
Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:;
(ai) Hot and cold water at those points of supply provided for general use of other tenants in the BuildingComplex and any pantry included within the Premises, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building Normal Business Hours (as hereinafter defined) shall be furnished only upon Tenant's written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE one (1) DAY business day in advance of the date such usage is requested. As used herein, Normal Business Hours shall be 7:30 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of Normal Business Holidays (as hereinafter defined). As used herein, Normal Business Holidays shall include Sundays and all legal holidays specified in the rules and regulations for the Complex. Tenant shall bear the entire cost of additional service allocable to the Premises as such requested additional service. costs are determined and allocated by Landlord agrees from time to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancetime.
(bii) Routine maintenance and electric electrical lighting service for all Exterior Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(ciii) Reasonable janitorial Janitor service, Monday Mondays through FridayFridays, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.Normal Business Holidays; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning
(div) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilitiesthe Section captioned "Use of Electrical Services by Tenant", (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(ev) All Building Standard standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(fvi) Access Landlord shall provide card key access to the Building may be regulated Complex during periods other than normal business hours Normal Business Hours, and Tenant shall cooperate with Landlord in such manner as Landlord deems appropriatelimiting the use of card keys to persons authorized by Tenant to enter the Complex. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless nor shall Landlord be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall cooperate fully in Landlord's efforts to regulate access to maintain security in the Building. Complex and shall follow all rules and regulations promulgated by Landlord with respect thereto.
(b) The failure by Landlord to any extent to furnish, furnish or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, unless such lossess in the event there shall be an interruption or damages are the result cessation of the Building's elevator service, electricity service, or HVAC service in the manner required to be provided by Landlord under this Lease, which shall materially interfere with Tenant's use and enjoyment of all or substantially all of the Premises (a "Service Interruption"), and (i) if such Service Interruption shall continue for at least ten (10) consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the "Service Interruption Notice"), (ii) if such Service Interruption shall not have been caused, in whole or in part, by any act, omission or negligence of Tenant or misconduct of Landlord, its Tenant's agents, contractorsemployees, contractors or employees.visitors, and (iii) if such Service Interruption shall not have been caused in whole or in part by a fire or other casualty or an event of force majeure as described in Section 42(j) of this Lease (a Service Interruption that satisfies all of the
Appears in 1 contract
Sources: Assignment of Lease (Advanced Switching Communications Inc)
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services, subject : (1) Water service for use in the lavatories on each floor on which the Premises are located and for use in any kitchenette area approved by Landlord (but Tenant shall be responsible for providing hot water service to any limitations which may be imposed thereon from time to time by any governmental authority:
such kitchenette area); (a2) Hot Heat and cold water at those points of supply provided for general use of other tenants in the Building, and heating and air-air conditioning (HVAC) in season during Normal Business Hours, at such temperatures and in such amounts as are deemed standard for comparable Class A buildings in downtown Boston or at such higher standards as required by governmental authority; (3) Maintenance and repair of the Building as described in Section 9.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit E, or such other reasonably comparable specifications designated by Landlord from time to time time. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article 10; (7) access to the Building and the Premises (by elevator) for Tenant and its employees 24 hours per day, 7 days per week every day of the year; subject to the terms of the Lease; (8) Security for the Building, including the stationing of security guards in the Building lobby 24 hours per day, 7 days a week; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Building and that are typical with first class office buildings. Tenant, upon such advance notice as is reasonably required by Landlord (which in no event shall be greater than 24 hour advance notice), shall have the right to receive HVAC service during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than Normal Business Hours. Landlord represents that the current charge for normal business after-hours for the 5th and 7th floors tower area of the Premises of the Building HVAC is $75.00 per hour per floor. Landlord agrees that any increases in such after-hours HVAC service charge shall be furnished upon request limited to increases in Landlord’s actual, reasonable costs of Tenant delivered to Landlord at least ONE (1) DAY in advance of supplying the date such usage is requestedafter-hours HVAC services. Tenant shall bear pay Landlord the entire cost of such requested standard charge for the additional service. service as reasonably determined by Landlord agrees from time to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancetime.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. B. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The ’s failure by Landlord to any extent to furnish, or the any interruption or termination of, services due to governmental action, the above-described services in whole failure of any equipment, or part resulting from causes the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable in any respectto Tenant, nor be construed as an constitute a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofand Landlord shall use commercially reasonable efforts to correct such Service Failure. Should any However, if the Premises, or a material portion of the equipment or machinery used Premises, is made untenantable for a period in excess of 4 consecutive Business Days as a result of the provision of such services for any cause cease Service Failure, then Tenant, as its sole remedy, shall be entitled to function properly, Tenant shall have no claim for offset or receive an abatement of Rent or damages payable hereunder during the period beginning on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result 5th consecutive Business Day of the negligence Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or misconduct damage, including the theft of LandlordTenant’s Property (defined in Article 15), its agentsarising out of or in connection with the failure of any security services, contractors, personnel or employeesequipment.
Appears in 1 contract
Sources: Office Lease Agreement (Centrexion Therapeutics Corp)
Services to be Furnished by Landlord. Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold 1. Cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard for buildings of similar class, size, age and location, or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours Normal Business Hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished only upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, upon demand as additional rent, the entire cost of additional service as such requested additional servicecosts are determined by Landlord from time to time. Landlord agrees to use his best efforts to separately meter or submeter As of the 5th floor annex date hereof, Landlord's charge for after hours heating and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usageair conditioning service is $40.00 per hour. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, The minimum period of time for which Tenant may use such request additional service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance two ("Allowance"2) which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancehours.
(b) 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standardstandard for buildings of similar class, size, age and location.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays3. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. LandlordJanitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (I) retain its own contractors (which contractor shall have no liability be subject to TenantLandlord's reasonable approval) to do such work or, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by unauthorized persons on the Premises, unless such lossess or damages are the result Landlord.
4. Elevator service in common with other tenants of the negligence or misconduct Building for ingress and egress to and from the floor of Landlordthe Premises during Normal Business Hours.
B. Except as otherwise expressly provided herein, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are . Landlord's entire obligation with respect to the result repair and maintenance of the negligence or misconduct of Premises are set forth above.
C. Tenant expressly acknowledges that if Landlord, its agentsfrom time to time, contractorselects to provide or make available security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment, including without limitation, the security monitoring system referred to in Section 3 of Exhibit E and Landlord shall not be liable in any manner for the failure. of any such security personnel, services, procedures or equipment to prevent or control, or employeesapprehend any one suspected of personal injury or property damage in, on or around the Property.
Appears in 1 contract
Sources: Office Lease (Summit Bank Corp)
Services to be Furnished by Landlord. Landlord A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services:
1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenants sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to any limitations which the prior reasonable consent of Landlord, may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold install a hot water at those points of supply provided for general use of other tenants heater in the Building, Premises. Tenant shall be solely responsible for maintenance and heating repair of any such hot water heater.
2. Central heat and air-air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by Landlord from time to time during normal business governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning at hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 P.M. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost of additional service as such requested additional service. costs are determined by Landlord agrees from time to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancetime.
(b) Routine maintenance 3. Maintenance and electric lighting service for repair of all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standardstandard for buildings of similar class, size, age and location.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays4. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. LandlordJanitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements, require special services, Tenant shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on pay the Premises, unless such lossess or damages are the result additional cost reasonably attributable thereto as Additional Base Rental.
5. Passenger elevator service in common with other tenants of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access Building.
6. Electricity to the Building. Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease.
B. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described any services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery.
C. Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of expressly acknowledges that if Landlord, its agentsfrom time to time, contractorselects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or employeesequipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control or apprehend anyone suspected of personal injury property damage or any criminal conduct in, on or around the Property.
Appears in 1 contract
Services to be Furnished by Landlord. As part of Basic Costs (except as otherwise provided), Landlord agrees shall, at all times during the Lease Term, furnish to furnish Tenant and the Premises the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:services (the "Building Services"):
(a) 1. Hot and cold water at those points of supply provided to the Premises for general use of other tenants in the Buildinglavatory, break room, drinking, and cleaning purposes to the existing plumbing systems and those reflected and detailed as Landlord Work.
2. Central air conditioning and heating and air-conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class and size in downtown Saint Petersburg, Florida, or as required by Landlord from time to time during normal business governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning at hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building Normal Business Hours, such central heat, ventilation or air conditioning shall be furnished only upon the written request of Tenant delivered to Landlord at the office of the Building prior to 4:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost of additional service as such requested additional servicecosts are determined by Landlord from time to time, which determination shall be based upon the actual cost of the services so provided.
3. Landlord agrees to use his best efforts to separately meter or submeter Maintenance and repair of all Common Areas.
4. Janitorial service on Business Days in accordance with the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. Ifjanitorial specifications attached as Exhibit G; provided, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ however, ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over use, floor covering or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowanceother improvements, require special services, Tenant will be billed for such shall pay the additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down cost reasonably attributable thereto as needed , and both parties agree to act in good faith to monitor the AllowanceAdditional Base Rental.
(b) Routine maintenance and electric lighting 5. Passenger elevator service for all Common Areas and Service Areas in common with other tenants of the Building Building.
6. Electricity to the Premises for general office use, in accordance with and subject to the manner terms and conditions set forth in Article XI of this Lease.
7. Emergency lighting system throughout the building to the extent deemed required by Landlord to be standardapplicable code.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays8. A copy of janitorial specifications are attached to this Lease as EXHIBIT D Customary and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriatereasonable pest control. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in comply with reasonable preventative pest control measures promulgated by Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described any services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of expressly acknowledges that if Landlord, its agentsfrom time to time, contractorselects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or employeesequipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control or apprehend anyone suspected of personal injury property damage or any criminal conduct in, on or around the Property.
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
: (a1) Hot and cold water at those points of supply provided Water service for general use of other tenants in the Building, lavatories on each floor on which the Premises are located; (2) Heat and heating and air-air conditioning in season at during Normal Business Hours, in accordance with the specifications attached hereto as Exhibit F or otherwise as required by governmental authority. Tenant, upon such temperatures advance notice as are deemed is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance time. As of the date such usage hereof, Landlord’s charge for after hours heating and air conditioning service is requested$45 per hour, per floor, subject to change from time to time. Tenant shall bear the entire cost The minimum period of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, time for which Tenant may use request after hours HVAC service is 2 hours; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such service without notifying other reasonably comparable specifications designated by Landlord and such usage will be calculated on a monthly basis from time to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foottime. If Tenant's usage exceeds ’s use, floor covering or other improvements require special services in excess of the Allowancestandard services for the Building, Tenant will be billed shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for such additional usagegeneral office use, in accordance with and subject to the terms and conditions in Article X; (7) Security to the Building which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up provided through a security system involving any one or down a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system in accordance with the specifications attached hereto as needed , and both parties agree to act in good faith to monitor the Allowance.
Exhibit H (b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) 8) Access to the Building may be regulated during other than normal business for Tenant and its employees 24 hours in per day/7 days per week, subject to the terms of this Lease and such manner security or monitoring systems as Landlord deems appropriate. may reasonably impose, including, without limitation, sign-in procedures and/or presentation of identification cards, and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property.
B. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The ’s failure by Landlord to any extent to furnish, or the any interruption or termination of, services due to the above-described services in whole application of Laws, the failure of any equipment, the performance of repairs, improvements or part resulting from causes alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable in any respectto Tenant, nor be construed as an constitute a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofagreement. Should any However, if the Premises, or a material portion of the equipment or machinery Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used in the provision of such services by Tenant. In no event, however, shall Landlord be liable to Tenant for any cause cease loss or damage, including the theft of Tenant’s Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing, if a Service Failure is reasonably within the control of Landlord and (a) continues for 120 consecutive days after the Service Failure and (b) is not being diligently remedied by Landlord, then Tenant, as its sole remedy, shall have the right to function properlyelect to terminate this Lease within 10 days after the expiration of said 120 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the service, Tenant shall have no claim for offset not be entitled to terminate the Lease but rather Tenant’s sole remedy shall be to ▇▇▇▇▇ Rent as provided above. The foregoing termination right shall not apply if the Service Failure is due to fire or abatement other casualty. Instead, in such an event, the terms and provisions of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employeesArticle XVII shall apply.
Appears in 1 contract
Sources: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Services to be Furnished by Landlord. A. Standard Services Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(ai) Hot Water for use in the lavatories on the floor(s) on which the Premises is located and to any fixtures included as part of the Initial Alterations. If Tenant desires additional water in the Premises for any reason, approved in writing by the Landlord, e.g., a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and fixtures, at those points Tenant’s sole cost and expense, with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires additional hot water fixtures in the BuildingPremises, Tenant, at its sole cost and expense, and heating subject to the prior reasonable consent of the Landlord, may install an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and air-repair of all hot water heaters located in the Premises.
(ii) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdaygovernmental authority. In the event that Tenant requires central heat, but exclusive of normal business holidays; however, electrical and heating and air-ventilation or air conditioning services service at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of such requested additional serviceservice as such costs are determined by the Landlord, from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. Landlord agrees All additional heating, ventilating and air conditioning required (if any) to use his best efforts accommodate Tenant’s design, and/or any special needs of the Tenant shall be installed at the Tenant’s expense subject to separately meter or submeter Landlord’s prior written approval in accordance with the 5th floor annex provisions of Section 10, below. The cost of operation and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for maintenance of such additional usage, which will equipment shall be due the responsibility of the Tenant and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. paid to Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the AllowanceAdditional Rent.
(biii) Routine maintenance Maintenance and electric lighting service for repair of all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standardstandard for buildings of similar class, age and location.
(civ) Reasonable Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial serviceor cleaning services without Landlord’s consent, Monday through Fridayand then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, but exclusive cleaning contractor or employees at all times satisfactory to Landlord. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by referencethe Premises, on a daily basis.
(dv) Subject Electricity to the provisions Premises for general office use, in accordance with and subject to the terms and conditions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation Section 11 of small office machines by Tenant in its use and occupancy of the Premisesthis Lease.
(evi) All Building Standard fluorescent Fluorescent bulb replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(fvii) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation.
(viii) Access control to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's ’s efforts to regulate maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. Landlord agrees to allow access to the BuildingBuilding on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. The failure by Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord to is not warranting the efficacy of any extent to furnishaccess personnel, service, procedures or the interruption equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or termination of, the above-described services in whole or part resulting from causes beyond the reasonable control of equipment. Landlord shall not render Landlord be responsible or liable in any respectmanner for failure of any access personnel, nor be construed as an eviction of Tenantservices, nor work an abatement of Rentprocedures or equipment to prevent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractorscontrol, or employeesapprehend anyone suspected of causing personal injury or damage in, on or around the Project.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services, subject services in order to any limitations which may be imposed thereon from time to time by any governmental authorityoperate and maintain the Building in a first class manner:
(a) Hot 1. Cold and cold hot water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard for buildings of similar class, size, age and location, or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours Normal Business Hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished only upon the request of Tenant delivered to Landlord at the office of the Building prior to 3:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, upon demand as additional rent, the entire cost of additional service as such requested costs are determined by Landlord from time to time. Cost increases for additional serviceservice shall reflect Landlord's increased costs of providing such services. Landlord agrees to use his best efforts to separately meter or submeter As of the 5th floor annex date hereof, Landlord's charge for after hours heating and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage air conditioning is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 45.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancehour per floor.
(b) 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standardstandard for buildings of similar class, size, age and location.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays3. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. LandlordJanitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall have be subject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. Landlord specifically acknowledges and agrees that Building Standard quality improvements will require no liability special services.
4. Elevator service in common with other tenants of the Building for ingress and egress to and from the floor of the Premises during Normal Business Hours, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing the Premises shall be available for the use of Tenant, its employeestwenty-four (24) hours a day, agents365/6 days per year.
B. Except as otherwise expressly provided herein, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if: (i) Landlord ceases to furnish any service in the Building for a period in excess of three (3) consecutive days after Tenant notifies Landlord of such cessation (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rental and Additional Base Rental payable hereunder during the period beginning on the fourth (4th) consecutive day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are . Landlord's entire obligation with respect to the result repair and maintenance of the negligence or misconduct of Premises are set forth above.
C. Tenant expressly acknowledges that if Landlord, its agentsfrom time to time, contractorselects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or employeesapprehend any one suspected of personal injury or property damage in, on or around the Property.
Appears in 1 contract
Sources: Standard Form Office Lease (Long Beach Holdings Corp)
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a1) Hot and cold water at those points of supply provided Water service for general use of other tenants in the Building, lavatories and heating other appropriate facilities approved by Landlord and air-installed by Tenant where water service is needed on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time during normal business time. The standard charge for additional after-hours which are hereby defined as 7:00 AM ventilation and air conditioning shall be determined by adding Landlord's actual out-of-pocket costs to 6:00 PM Monday through Friday operate such after-hours equipment, plus a reasonable charge to cover the depreciation and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area amortization of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance equipment used, plus a reasonable administrative surcharge. As of the date hereof, Landlord's current charge for after-hours ventilation is $20.00 per hour per zone and $80.00 per hour for each full floor, subject to change from time to time. As of the date hereof, Landlord's current charge for after-hours air conditioning is $65.00 per hour per zone and $260.00 per hour for each full floor, subject to change from time to time. In the event Tenant requires heat or air conditioning during hours other than Normal Business Hours, charges for such usage is requested. Tenant shall bear the entire cost of such requested additional service. services will be prorated by Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, between each requesting user-tenant (if more than one tenant in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ same service zone requests additional heating or air conditioning at the same time) and the proration shall be determined by dividing the cost per zone by the number of tenants requesting after hours service in a particular zone, ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord adjusting for their respective periods of use; (3) Maintenance and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowance.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas repair of the Building Project as described in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.Section IX.B.;
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a1) Hot and cold water at those points of supply provided Water for general use of other tenants in the Building, lavatories on the floor(s) on which the Premises is located.
(2) Central heat and heating and air-air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdaygovernmental authority. In the event that Tenant requires central heat, but exclusive of normal business holidays; however, electrical and heating and air-ventilation or air conditioning services service at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requestedTenant. Tenant shall bear the entire cost of additional service as such requested costs are determined by Landlord from time-to-time (which are currently $65/hour, subject to change), as Additional Rent upon presentation of a statement therefor by Landlord. All additional serviceheating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the AllowanceAdditional Rent.
(b3) Routine maintenance Maintenance and electric lighting service for repair of all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standardstandard for buildings of similar class, age and location.
(c4) Reasonable Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial serviceor cleaning services without Landlord’s consent, Monday through Fridayand then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, but exclusive of normal business holidays. A copy of janitorial specifications are attached cleaning contractor or employees at all times satisfactory to this Lease as EXHIBIT D and incorporated herein by referenceLandlord.
(d5) Subject Electricity to the provisions Premises for general office use, in accordance with and subject to the terms and conditions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation Section 11 of small office machines by Tenant in its use and occupancy of the Premisesthis Lease.
(e6) All Building Standard fluorescent Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(f7) Access control to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form, as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's ’s efforts to regulate maintain access control to the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. The Notwithstanding anything herein to the contrary, Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Property.
B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable liability in any respect, respect nor be construed as an a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. If, however, Tenant shall have no claim is prevented from using the Premises because of the unavailability of any such service for offset a period of five (5) consecutive business days following Landlord’s receipt from Tenant of a written notice regarding such unavailability, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a Tenant Party or a governmental directive, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Base Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless for each consecutive day (after such lossess or damages are 5-day period) that Tenant is so prevented from using the result of the negligence or misconduct of Landlord, its agents, contractors, or employeesPremises.
Appears in 1 contract
Sources: Office Lease Agreement (VirtualArmour International Inc.)
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a1) Hot and cold water at those points of supply provided Water service for general use of other tenants in the Building, lavatories on each floor on which the Premises are located and heating for the kitchen pantry area located in the Premises as approved and air-constructed under the Workletter; (2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance time. As of the date such usage hereof, Landlord's charge for after hours HVAC service is requested. Tenant $28.68 per hour per floor; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days, which janitor services shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, be consistent with services provided in other similar class buildings in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ Perimeter Center area in Atlanta, ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square footGeorgia. If Tenant's usage exceeds use, floor covering or other improvements require special janitorial services in excess of the Allowancestandard services for the Building, Tenant will be billed shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under other services as Landlord reasonably determines are necessary or appropriate for the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the AllowanceProperty.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in B. Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the any interruption or termination of, services due to the above-described services in whole application of Laws, the failure of any equipment, the performance of repairs, improvements or part resulting from causes alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable in any respectto Tenant, nor be construed as an constitute a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofagreement. Should any However, if the Premises, or a material portion of the equipment or machinery used Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the provision of such services for any cause cease Service Failure, then Tenant, as its sole remedy, shall be entitled to function properly, Tenant shall have no claim for offset or receive an abatement of Rent or damages payable hereunder during the period beginning on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result 4th consecutive Business Day of the negligence Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or misconduct damage, including the theft of LandlordTenant's Property (defined in Article XV), its agentsarising out of or in connection with the failure of any security services, contractors, personnel or employeesequipment.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) 1. Hot and cold water in the Common Area lavatories and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures thermostatically controlled by Tenant and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard for buildings of similar class, size, age and location, or as 7:00 AM required by governmental authority. Notwithstanding the foregoing, Tenant acknowledges that electricity to 6:00 PM Monday through Friday the Promises is separately metered and 8:00 AM that the electricity consumed in connection with supplying HVAC service to 1:00 PM the Premises is included on Saturdaysuch meter and billed directly to Tenant in accordance with the provisions of Article XI of this Lease. Notwithstanding the foregoing, but exclusive if Tenant requires HVAC service after Normal Business Hours, in addition to the cost of normal business holidays; howeverelectricity consumed, electrical and heating and air-conditioning services at times other than for normal business hours Tenant shall be required to pay Landlord a separate charge for the 5th cost incurred by Landlord for operating its water source heat pumps and 7th floors tower area related equipment. Such additional costs shall be measured by a separate override meter and allocated proportionally between Tenant and any other tenants of the Premises of the Building shall be furnished upon request of Tenant delivered Building, if any, that requested after hours HVAC service for those hours during which such service is being supplied to Landlord at least ONE (1) DAY in advance of the date such usage is requestedTenant. Tenant shall bear the entire cost of such requested additional service. pay Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down costs upon demand as needed , and both parties agree to act in good faith to monitor the Allowanceadditional Rent.
(b) 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed extent; and replacement of building standard fluorescent tubes, light bulbs and ballasts in the Premises as required as a result of normal usage standard for buildings of similar class, size, age and location.
3. Janitor service on Business Days in accordance with the schedule attached hereto as Exhibit H (or such reasonably comparable specifications designated by Landlord from time to time); provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall be standardsubject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. Upon request from Tenant, Landlord shall provide Tenant with a copy of its then current janitorial and cleaning specifications.
4. Elevator service in common with other tenants of the Building for ingress and egress to and from the floor of the Promises during Normal Business Hours, provided that, subject to force majeure, at least one
(c1) Reasonable janitorial serviceelevator shall be available to serve the Premises 24 hours per day, Monday through Friday7 days a week.
5. Snow removal and ice treatment as necessary to provide the parking required hereunder and access to the Premises. Subject to Landlord's reasonable rules and regulations and temporary closures for emergency purposes, but exclusive Tenant shall have access to its parking and the Premises 24 hours per day, 7 days per week.
B. Except for the alteration, maintenance and repair responsibilities of normal business holidays. A copy Tenant with respect to the Premises which are expressly set forth in this Lease, Landlord shall operate and maintain the Building and the Park in accordance with all applicable laws, with all requirements of janitorial specifications are attached any applicable board of property insurance underwriters (to the extent necessary for Landlord to maintain the insurance required hereunder), and with the standards prevailing from time to time for projects of similar class, size, age and location, and, in any event, in as good a condition as at the time this Lease as EXHIBIT D and incorporated herein is executed by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate reasonable wear and tear excepted. Except as otherwise expressly provided herein, the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. To the extent reasonably possible based on the nature of the work to be performed, unless Landlord shall schedule the performance of any repairs, improvements or alterations that will result In an interruption of service for non Business Days or after Normal Business Hours. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth In this Lease.
C. Notwithstanding anything to the contrary contained in this Section VII if (I) Landlord ceases to furnish any utility or service to the Premises, Building or Common Areas or any damaged or dysfunctional aspect of the Premises, Building or Common Areas which is not Tenant's repair responsibility interferes with Tenant's use or the Premises and Tenant notifies Landlord of such lossess cessation in writing (the "Interruption Notice'), (II) such cessation or damages are the other problem does not arise as a result of an act or omission of Tenant, (III) such cessation or other problem is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the negligence repair or misconduct restoration of such cessation or other problem Is reasonably within the control of Landlord, and (v) as a result of such cessation or other problem, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant Is unable to use the Premises in the normal course of its agents, contractorsbusiness) and Tenant in fact ceases to use the Premises, or employeesmaterial portion thereof, then, Tenant's sole remedy shall be as follows: on the third (3rd) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per them basis for each day after such three (3) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Landlord agrees to proceed in good faith and with due diligence to correct any such interruption of service or other problem. If, as a result of any such interruption in services or other problem, all or any part of the Premises are rendered untenantable for more than 30 consecutive days (or such longer period as may be necessary to cure [not to exceed 60 days]) or more than 60 days (in the aggregate) in any lease year, Tenant may, at Tenant's option, by 30 days' prior written notice given to Landlord at any time after such 30th day (as the same may be extended) or 60th day, as applicable, and before the Premises are again usable, terminate this Lease.
D. Notwithstanding anything to the contrary contained in this Section VII.B. if (I) Landlord ceases to furnish any utility or service to the Premises, Building or Common Areas or any damaged or dysfunctional aspect of the Premises, Building or Common Areas which is not Tenant's repair responsibility interferes with Tenant's use or the Premises and Tenant notifies Landlord of such cessation In writing (the "Interruption Notice"), (II) such cessation or other problem does not arise as a result of an act or omission of Tenant, (III) such cessation or other problem is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such cessation or other problem IS NOT reasonably within the control of Landlord, and (v) as a result of such cessation or other problem, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy shall be as follows: on the fifteenth (15th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such fifteen (15) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Landlord agrees to proceed in good faith and with due diligence to correct any such Interruption of service or other problem. If, as a result of any such interruption in services or other problem, all or any part of the Premises are rendered untenantable for more than 130 consecutive days, Tenant may, at Tenant's option, by 30 days' prior written notice given to Landlord at any time after such 130th day and before the Premises are again usable, terminate this Lease. Notwithstanding anything in Section VII.C. or the VII.D. to the contrary, it is understood and agreed that Landlord shall be entitled to take whatever action is necessary to restore the interrupted services, including, without limitation, the installation of a temporary generator to provide electrical service to the Building, providing portable washroom facilities, etc. and, upon such restoration of services, Tenant's obligation to pay Rent shall commence, provided that (x) if Landlord elects to restore services by such temporary measures, Landlord shall continue to provide such temporary services until the interrupted services in question are restored, and (y) the furnishing of temporary services shall not relieve Landlord of its obligation to proceed in good faith to perform any necessary repairs, replacements or other work that is necessary to restore the services in question.
E. Tenant expressly acknowledges that If Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend any one suspected of personal injury or property damage in, on or around the Park.
Appears in 1 contract
Sources: Office Lease (Phoenix International Life Sciences Inc)
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours be standard or as required by governmental authority; provided, however, Landlord shall furnish to Tenant a keyfob which will enable Tenant to activate the heating and air conditioning for the Premises at times other than for "Normal Business Hours" for the Building (which are hereby defined as 7:00 AM a.m. to 6:00 PM Monday p.m. on Mondays through Friday Fridays and 8:00 AM 9:00 a.m. to 1:00 PM p.m. on SaturdaySaturdays, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requested). Tenant shall bear the entire cost of such requested additional service. pay to Landlord agrees an amount equal to use his best efforts $25.00 per hour for central heat and air conditioning services that are provided to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usageduring other than Normal Business Hours, which will amount shall be due and payable thirty (30) days upon presentation of a statement therefor by Landlord. Tenant acknowledges that the foregoing hourly rate includes certain administrative expenses of Landlord in administering such after receipt hour services and an allocation for the additional wear and tear on the Building HVAC system attributable to the additional use of Invoice. If such system and only that portion of such hourly rate that equals the actual amount charged by the electric utility supplier will be included in the calculation of Operating Expenses for the purpose of determining Tenant's usage is obligations under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the AllowanceSection 6(a) above.
(b) Routine maintenance and electric lighting service for of all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial Janitor service, Monday through Fridayfive times weekly, but exclusive of normal business holidays. A copy ; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefor by referenceLandlord.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilitiesSection 12, (which shall be agreed upon by both Landlord and Tenant), to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access [Intentionally deleted].
(g) Security in the form of limiting the general public's access to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless Premises and neither shall Landlord be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall cooperate fully in Landlord's efforts to regulate access to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. The failure by Landlord to any extent to furnish, furnish or the interruption or termination of, of the above-services described services above in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work as an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authorityfollowing:
(a) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours Normal Business Hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE one (1) DAY business days in advance of the date for which such usage is requested. Tenant shall bear the entire cost of such requested additional service. , as such costs are determined by Landlord agrees from time to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed time, and both parties agree to act in good faith to monitor shall pay the Allowancesame as additional Rent upon presentation of a statement therefor by Landlord.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial Janitor service, Monday through Fridayfive (5) days per week, but exclusive of normal business holidays. A copy ; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional Rent upon presentation of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefor by referenceLandlord.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities12, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises necessary to maintain the lighting provided as a part of the Shell Improvements and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access Landlord shall provide limited access to the Building may be regulated during other than normal business hours before and after Normal Business Hours in the form of special limited access entry cards ("Entry Cards") for Tenant and its employees. An Entry Card shall not automatically qualify Tenant or any of its employees for an access card to the "Parking Garage" as defined in and pursuant to the terms of Exhibit "F". Landlord agrees to provide Tenant with up to, but not in excess of, sixteen (16) Entry Cards for a refundable deposit of $15.00 per card. However, Tenant shall pay Landlord for any additional or replacement cards, in such manner amount as Landlord deems appropriateshall, from time to time, determine. Landlord, however, The current cost required for a replacement card is $15.00 per card. Landlord shall be entitled to cancel (by computer entry) any lost or stolen cards of which it becomes aware. Tenant shall promptly notify Landlord of any lost or stolen cards. Landlord shall have no liability to Tenant, its employees, agents, invitees 3 invitees, or licensees for losses due to theft or burglary, or for damages or injuries done committed by unauthorized persons on the Premises, unless ; and neither shall Landlord be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall cooperate fully in Landlord's efforts to regulate access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto. Tenant further agrees to surrender all Entry Cards in its possession upon the expiration or earlier termination of this Lease. No interruption or malfunction of any utility service shall constitute an eviction or disturbance of Tenant's use or possession of the Premises or a breach by Landlord of any of Landlord's obligations hereunder or render Landlord liable or responsible to Tenant for any loss or damage which Tenant may sustain or incur if either the quantity or character of any utility service is changed or is no longer available to or is no longer suitable for Tenant's requirements or entitle Tenant to be relieved from any of Tenant's obligations hereunder, including, without limitation, the obligation to pay Rent, or grant Tenant any right to set-off, abatement, or recoupment. At any time when Landlord is making such facilities for such utility services available to the BuildingPremises, Landlord may, at Landlord's option, upon not less than thirty (30) days prior written notice to Tenant, discontinue the availability of any such utility service. The failure by If Landlord gives any such notice of discontinuance, Landlord shall make all the necessary arrangements with the public utility service supplying the utility to the area in which the Building is located with respect to obtaining such utility service to the Premises; but Tenant will contract directly with such public utility service for the supplying of such utility services to the Premises. Failure to any extent to furnishmake available, or the any slowdown, stoppage, or interruption or termination of, the above-described specified utility services in whole or part resulting from causes beyond any cause, including, without limitation, Landlord's compliance with any voluntary or similar governmental or business guidelines now or hereafter published or any requirements now or hereafter established by any governmental agency, board, or bureau having jurisdiction over the reasonable control operation of Landlord the Building shall not render Landlord liable in any respectrespect for damages to either persons, property, or business, nor be construed as an eviction of Tenant, nor Tenant or work an abatement of Rent, nor relieve Tenant from the obligation to fulfill of Tenant's obligations for fulfillment of any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services furnished by Landlord breakdown or for any cause cease to function properly, Landlord shall use reasonable diligence to repair some promptly, but Tenant shall have no claim for offset or abatement of Rent or damages on account of an any interruption in of service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, unless such lossess in the event that Tenant shall give notice to Landlord stating correctly that any cessation of a service described in Subparagraphs 6(a) or damages are the result of the negligence or misconduct of Landlord6(d) above (not caused by Tenant, its agents, customers, servants, contractors, employees, or employeesinvitees) shall have rendered all or any portion of the Premises untenantable, and in the event that such cessation continues for a period of five (5) or more consecutive days after Landlord receives such notice from Tenant, and in the further event that Tenant ceases occupying such portion of the Premises solely on account of such cessation, then rent shall abat▇ ▇▇ to such portion of the Premises from and after the later to occur of (i) the sixth (6th) day following the day Tenant gave such notice, or (ii) the date Tenant so ceases occupancy, until such service is restored or Tenant reoccupies such portion of the Premises (whichever date is earlier).
Appears in 1 contract
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, Building on the floor(s) on which the Premises are located and heating central heat and air-air conditioning in season the Premises in season, at such temperatures and in such amounts as are deemed standard reasonably considered by Landlord from time to time during normal business hours which are hereby defined be standard or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority. Landlord shall provide heating, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business conditioning, utilities, and electricity twenty-four (24) hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE per day, seven (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (307) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowanceper week.
(b) Routine maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial serviceJanitor service in the Premises, Monday through Friday, but exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. A copy Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial specifications are attached services at such times (including Normal Business Hours) as Landlord elects to this Lease have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as EXHIBIT D and incorporated herein by referenceto not interfere unreasonably with Tenants use of the Premises.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities13, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas.
(f) Access Landlord may elect to provide security in the form of limited access to the Building may be regulated during other than normal business Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for access to partially reimburse Landlord for the cost of the system which limits after-hours in such manner as Landlord deems appropriateaccess. Landlord, however, shall have no liability to Tenant, its employees, agents. Agents, invitees or licensees for losses due to theft or burglary, burglary or for damages or injuries done by unauthorized persons on the Premises, unless Premises and Landlord shall not be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall cooperate fully in Landlord's ’s efforts to regulate access to maintain security in the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto. The failure by Landlord to any extent to furnish, furnish these services or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not neither render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.
Appears in 1 contract
Sources: Lease Agreement (Englobal Corp)
Services to be Furnished by Landlord. During the Term, Landlord agrees shall furnish (as part of Operating Expenses of the Project) to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authorityservices for so long as Tenant is occupying the Leased Premises:
(a) Hot Regardless of season or climate, Landlord shall provide hot and cold water to base building HVAC equipment as necessary to satisfy demand of comfort related equipment within the Leased Premises on the Building Standard Days during the Building Standard Hours. Landlord shall provide the same at those points of supply provided for general use of cost on days other tenants in the Building, than Building Standard Days and heating and air-conditioning in season at such temperatures as are deemed standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished Standard Hours upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requested. Tenant Tenant, who shall bear the entire cost of such requested additional servicethereof. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowance.
(b) Routine maintenance and electric lighting service for all Common Areas public areas, service areas, and Service Areas common areas of the Building in the manner and to the extent deemed appropriate by Landlord to be Landlord.
(b) Janitorial services on all Business Days as set forth on Schedule 9 hereto; provided, however, if any of Tenant's floor coverings or other improvements are other than building standard., Tenant shall pay the additional cleaning cost attributable thereto..
(c) Reasonable janitorial serviceSufficient electrical capacity will be distributed to the panel boxes located at the core of each floor of the Leased Premises to operate (i) equipment of a low voltage electrical rating (120/208 volts) and (ii) equipment of a high voltage electrical rating (277/480 volts) to the extent that the total design load within the Leased Premises does not exceed six (6) ▇▇▇▇▇ per square foot of net rentable area, Monday through Fridaysuch related electrical design load to be hereinafter referred to as the ("Building Standard Rated Electrical Design Load"). In addition to the foregoing, but exclusive Tenant acknowledges that the power available in the Building standard bus duct at each floor on which the Leased Premises are located will have a total (i.e., inclusive of normal business holidaysthe above-described Building Standard Rated Electrical Design Load) capacity available to Tenant of at least six (6) ▇▇▇▇▇ per square foot of net rentable area contained on such floor. A copy Tenant shall pay to Landlord the cost of janitorial specifications are attached electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by meter, or if not metered, as otherwise reasonably estimated by Landlord (provided that if the Leased Premises is not separately metered, Landlord shall provide Tenant with reasonable supporting documentation for Landlord's calculation of such costs, sufficient to this Lease as EXHIBIT D reasonably enable Tenant to confirm the basis of Landlord's calculations). Such cost of electricity shall include (1) any actual accounting expenses incurred by Landlord in connection with the metering thereof, (2) any taxes or other charges related to such electricity or the supply thereof and incorporated herein (3) if any tax is imposed upon Landlord's receipts from the sale or resale of electricity to Tenant, Tenant shall reimburse Landlord for such tax, if and to the extent permitted by referenceapplicable Legal Requirements. If Tenant's electrical equipment and lighting require electrical circuits, transformers or other additional equipment in excess of Tenant's pro rata share (based on the Net Rentable Area of the Leased Premises relative to the Net Rentable Area of the Building) of the Building's electrical or heating, ventilation and air conditioning systems, Tenant may (at Tenant's cost, including the cost to design, install, maintain and replace the additional electrical equipment (including the meters)) install the same, provided such installation is compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or other tenants of the Building and will not be burdensome to the Building or to Landlord, in Landlord's sole opinion, and Tenant shall pay all operating costs related to that requirement (including the cost of electricity, water or other services consumed through, or in connection with, the additional electrical equipment). The method of design and installation of any additional electrical equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and Tenant (such approval by Tenant not to be unreasonably withheld) and shall be performed by Landlord at Tenant's sole cost (including a charge equal to 8% of such cost for the review and installation of such additional electrical equipment for administrative cost recovery).
(d) Subject to the provisions of Paragraph 10 All building standard fluorescent bulb replacement in all areas and Paragraph 6
(a) Building Standard facilitiesall incandescent bulb replacement in public areas, (which shall be agreed upon by both Landlord toilet and Tenant), to provide electrical current sufficient to illuminate the Premises rest room areas and for the operation of small office machines by Tenant in its use and occupancy of the Premisesstairwells.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access control to the Building may (the cost of which is part of Operating Expenses of the Project) during weekends and after normal working hours during the week consistent with that provided at Comparable Buildings. Landlord shall not be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability liable to Tenant, its employees, agents, invitees or licensees Tenant for losses due to theft or burglaryburglary (except to the extent caused by the gross negligence or willful conduct of Landlord, its agents and employees), or for damages or injuries done by unauthorized persons Persons on the Project or within the Leased Premises.
(f) Window cleaning to the extent consistent with Comparable Buildings to be performed at least once every six (6) months during the Term.
(g) Non-exclusive passenger elevator service to the Leased Premises and non-exclusive freight elevator service, unless such lossess or damages are the result in each case, at all times.
(h) Maintenance of the negligence roof, exterior walls, load-bearing components, foundation, floor slabs and other structural components, the mechanical, electrical and plumbing systems, fire control systems, security and access control systems, the Building common areas, service areas, elevators, exterior lighting, sidewalks and landscaping of the Project all in a manner consistent with that provided at Comparable Buildings. To the extent that the services described above require electricity, gas or misconduct of Landlordwater supplied by public utilities, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's obligations shall require only that Landlord use commercially reasonable efforts to regulate access cause the utilities to furnish the Buildingsame and shall be subject to any curtailment of utilities supplied. The failure Failure by Landlord to any extent to furnishfurnish any of the services set forth in this Section 3.01, or the interruption or termination ofany cessation thereof, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respectrespect for damages to either Person or property, nor be construed as an eviction of Tenant, nor work an entitle Tenant to any abatement or setoff of Rentrent, nor relieve Tenant from the obligation to fulfill fulfillment of any covenant or agreement thereofhereof, except to the extent expressly provided in Section 3.02. Should Additionally, if any of the equipment or machinery used in connection with the provision of such services Project breaks down, or for any cause cease ceases to function properly, Tenant shall have no claim for offset constructive eviction, setoff, rebate or abatement of Rent rent or damages on account of an any interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are except to the result of extent expressly provided in Section 3.02. Notwithstanding anything to the negligence or misconduct of Landlordcontrary in this Article 3, its agentsno services other than electrical service and heating, contractorsventilation, or employeeswater and air conditioning services shall be provided to the Rooftop Equipment Closet.
Appears in 1 contract
Sources: Lease Agreement (Transcontinental Gas Pipe Line Corp)
Services to be Furnished by Landlord. 6.1 Landlord agrees to furnish Tenant the following services (defined services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:):
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, .
(b) Central heat and heating and air-air conditioning in season at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours “Normal Business Hours” for the 5th and 7th floors tower area of the Premises of Building (as established by the Building Rules) shall be furnished only upon the written request of Tenant delivered to Landlord at least ONE (1) DAY in advance of accordance with the date such usage is requestedBuilding Rules. Tenant shall bear the entire cost of such requested additional serviceservice as such costs are determined by Landlord from time to time. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage The current charge for after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage air conditioning is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 25.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancehour.
(bc) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(cd) Reasonable janitorial Janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy ; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay all additional cleaning cost attributable thereto as additional rent upon presentation of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefore by referenceLandlord.
(de) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities11, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(ef) All Building building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(fg) Access Security in the form of limited access to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons person s on the Premises, unless Premises and neither shall Landlord be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall cooperate fully in Landlord's ’s efforts to regulate access to maintain security in the Building. Building and shall follow all regulations promulgated by Landlord with respect thereto.
6.2 The failure by Landlord to any extent to furnish, or the interruption or termination of, of the above-described defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction (constructive or otherwise) of Tenant, nor work an and abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereof. of this Lease.
6.3 Should any of the equipment or machinery used in the provision of such defined services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are therefrom notwithstanding Tenant’s rights under Section 23.4.
6.4 Except as otherwise expressly provided herein Landlord shall not be required to make any repairs to the result of Premises other than structural remails to the negligence or misconduct of Landlord, its agents, contractors, or employeesPremises.
Appears in 1 contract
Sources: Lease Agreement (Amcomp Inc /Fl)
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
: (a1) Hot and cold water at those points of supply provided Water service for general use of other tenants in the Building, lavatories on each floor on which the Premises are located; (2) Heat and heating and air-air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days substantially in accordance with the Janitorial Specifications set forth on Exhibit G attached hereto and made a part hereof, provided that Landlord reserves the right to change the level of janitorial service provided to the Building and the Premises from time during normal business hours which are hereby defined to time so long as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdaythe service provided by Landlord is consistent with the level of janitorial service typically provided at other first class office buildings in downtown San Francisco, but exclusive California. If Tenant’s use, floor covering or other improvements require special services in excess of normal business holidays; however, electrical and heating and air-conditioning the standard services at times other than for normal business hours for the 5th and 7th floors tower area of Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the Building shall be furnished upon request failure of Tenant delivered any such security personnel, services, procedures or equipment to Landlord at least ONE (1) DAY in advance prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property. As of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. this Lease, Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowance.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access currently provides security to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. on a 24 hour/7 day per week basis, subject to change.
B. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The ’s failure by Landlord to any extent to furnish, or the any interruption or termination of, services due to the above-described services in whole application of Laws, the failure of any equipment, the performance of repairs, improvements or part resulting from causes alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable in any respectto Tenant, nor be construed as an constitute a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofagreement. Should any However, if the Premises, or a material portion of the equipment or machinery used Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the provision of such services for any cause cease Service Failure, then Tenant, as its sole remedy, shall be entitled to function properly, Tenant shall have no claim for offset or receive an abatement of Rent or damages payable hereunder during the period beginning on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result 4th consecutive Business Day of the negligence Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or misconduct damage, including the theft of LandlordTenant’s Property (defined in Article XV), its agentsarising out of or in connection with the failure of any security services, contractors, personnel or employeesequipment.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord (a) So long as no Event of Default exists under this Lease, ▇▇▇▇▇▇▇▇ agrees to furnish Tenant the following services, subject services to any limitations which may be imposed thereon from time to time by any governmental authoritythe Building Standard:
(a1) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and heating central heat and air-air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(e)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are deemed considered to be standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises similar class office buildings within a three (3) mile radius of the Building shall be furnished upon request of Tenant delivered (not to Landlord at least ONE exceed existing Building design loads/capacity) or as required by governmental authorities (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowanceincluding energy conservation requirements).
(b2) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c3) Reasonable janitorial Janitorial service, Monday through Fridayfive (5) days per week, but exclusive of normal business holidays. A copy Normal Business Holidays, pursuant to the building standard janitorial schedule as shown on Exhibit K, attached hereto, at a level comparable to that provided in similar class office buildings within a three (3) mile radius of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by referencethe Building.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e4) All Building Standard fluorescent bulb replacement in the Premises lighting and fluorescent and incandescent bulb ballast replacement in the Common Areas and the Service Areas.
(f5) Access to the Building may during Normal Business Hours and limited access during all other hours through the use of master entry cards and/or keys fobs. Tenant will receive no more than 155 master entry cards and/or key fobs for the Premises. Tenant will reimburse Landlord for the cost of each additional card and/or key fob and for each replacement card and/or key fob and for any card and/or key fob lost by or stolen from Tenant. ▇▇▇▇▇▇ agrees to surrender all master entry cards and/or key fobs in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or key fobs will be regulated during other than normal business hours in such manner as canceled. Landlord deems appropriate. Landlord, however, shall will have no liability to Tenant, its employees, agents, invitees contractors, invitees, or licensees for losses due to theft or burglaryburglary (other than theft or burglary committed by employees of Landlord), or for damages or injuries done by unauthorized persons in the Premises or on the Complex. Tenant will cooperate fully in ▇▇▇▇▇▇▇▇'s efforts to control access in the Building and will follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit C.
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of 0.82 ▇▇▇▇▇ per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines and other machines of similar electrical consumption ("Miscellaneous Power"), provided that Tenant's Miscellaneous Power requirements shall not exceed eight (8) ▇▇▇▇▇ per square foot of Rentable Area of the Premises, unless such lossess of connected load or damages are the result 0.82 ▇▇▇▇▇ per square foot of Rentable Area of the negligence Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or misconduct more separate watt hour meters), or require a voltage greater than 120/208 volts 3 phase or require more than 500 ▇▇▇▇▇ for any piece of equipment (the "Building Standard Electrical Design Load").
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems.
(8) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant will bear the cost of such heating and air conditioning service at a rate equal to $65 per hour; provided, however, there will be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after hours heating or air conditioning during the same period as Tenant, Landlord will equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.
(b) In the event Landlord agrees to provide any additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out of pocket cost, Tenant will reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord, its agentsto any extent, contractorsto furnish services required to be furnished by Landlord hereunder, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnishcessation thereof, or the interruption or termination of, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall will not render Landlord liable in any respectrespect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant ▇▇▇▇▇▇ from the obligation to fulfill fulfillment of any covenant or agreement thereofset forth in this Lease. Should any of the equipment or machinery used in the provision of such services for any cause cease be interrupted, Landlord will use reasonable diligence to function properlyrestore the same promptly, but Tenant shall will have no claim for offset rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding five (5) consecutive Business Days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord will allow Tenant an equitable abatement of Rent or damages (based on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result severity of the negligence or misconduct interruption and the amount of Landlordspace unfit for occupancy) effective from the sixth (6th) Business Day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, its agentsand (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, contractors, or employeesuntil such portion of the Premises is again fit for occupancy and such service is restored.
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant the following services, subject to any limitations services some of which may be imposed thereon from time to time are solely Tenant’s expense and some of which are for a pro-rata share of increases over a base year of 2006 all as provided in more detail in Exhibit C incorporated herein by any governmental authorityreference:
(a1) Hot and Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason,. including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply Landlord; unless such work is expressly included in the allowance for tenant improvements provided for general use of other tenants in Exhibit D. If Tenant desires hot water in the BuildingPremises, Tenant, at its sole cost and heating expense and air-conditioning subject to the prior reasonable consent of Landlord, may install a hot water heater in season at such temperatures as are deemed standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requestedPremises. Tenant shall bear be solely responsible for the entire cost maintenance and repair of any such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancewater heater.
(b2) Routine maintenance Maintenance and electric lighting service for repair of all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standardstandard for buildings of similar class, age and location.
(c3) Reasonable janitorial service, Monday through Friday, but exclusive Electricity to the Premises in accordance with and subject to the terms and conditions of normal business holidaysSection 11. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by referenceLease.
(d) Subject B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilitiesabove utilities or building services in frequency, (scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines paid monthly by Tenant in its use and occupancy as Additional Rent on the same day that the monthly installment of the PremisesBase Rent is due.
(e) All Building Standard fluorescent bulb replacement in C. Except as otherwise expressly provided herein, the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant Landlord shall have no claim for offset use reasonable diligence to repair such equipment or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employeesmachinery.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:services as Standard Operating Costs and Variable Operating Expenses for the Building (except as specifically provided below):
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours "Normal Business Hours" for the 5th Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 7th floors tower area 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of the Premises of the Building normal holidays), shall be furnished upon request of to Tenant delivered to Landlord at least ONE on a twenty-four (124) DAY in advance of the date such usage is requestedhour per day basis, three hundred sixty-five (365) days per year. Tenant shall bear the entire cost of such requested additional serviceservice as such costs are determined by Landlord from time to time, except that Landlord shall provide Tenant heating and air conditioning from 7:00 a.m. to 8:00 a.m., free of charge (Monday through Friday). Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, Such costs shall be included in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Variable Operating Expenses to be paid by Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis pursuant to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the AllowanceLease.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas service areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial Janitorial service, Monday through Fridayfive (5) days a week, but exclusive of Normal Holidays (hereinafter defined); provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. For purposes of this Section 4.04 to the Lease, normal business holidays. A copy of janitorial specifications are attached to this Lease holidays ("Normal Holidays") shall be defined as EXHIBIT D New Years Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and incorporated herein by referenceChristmas.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and TenantSection 4.04(h), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small required by a typical office machines user, as determined by Tenant Landlord, in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areasof the Building.
(f) Access Security in the form of limited access to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by resulting from the actions of unauthorized persons on the Premises, unless Premises or in the Building and Landlord shall not be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall cooperate fully in Landlord's efforts to regulate access maintain security in the Building and shall follow all regulations promulgated by Landlord which respect thereto.
(g) Access to the Premises, the Building. , and the parking facilities twenty-four (24) hours a day, seven (7) days per week and fifty-two weeks per year; provided, however, such access shall be limited by the Building access system, parking facilities access system, and temporary closures that may be necessary to maintain the Building and/or parking facilities.
(h) [Intentionally Omitted.] The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these defined services in whole or part part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent or rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees.
Appears in 1 contract
Sources: Lease Agreement (Expedia Inc)
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a1) Hot and Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires hot water in the BuildingPremises, Tenant, at its sole cost and heating expense and air-subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of any such water heater and line and fixtures in the Premises.
(2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are deemed considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdaygovernmental authority. In the event that Tenant requires central heat, but exclusive of normal business holidays; however, electrical and heating and air-ventilation or air conditioning services service at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building Normal Business Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowance.
(b3) Routine maintenance Maintenance and electric lighting service for repair of all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standardstandard for buildings of similar class, age and location.
(c4) Reasonable Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost (with no markup) attributable thereto as Additional Rent within 30-days after presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial serviceor cleaning services without Landlord’s consent, Monday through Fridayand then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, but exclusive of normal business holidays. A copy of janitorial specifications are attached cleaning contractor or employees at all times satisfactory to this Lease as EXHIBIT D and incorporated herein by referenceLandlord.
(d5) Subject Electricity to the provisions Premises for general office use, in accordance with and subject to the terms and conditions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation Section 11 of small office machines by Tenant in its use and occupancy of the Premisesthis Lease.
(e6) All Building Standard fluorescent Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting, as established by Landlord, and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas.
(f7) Access to Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other tenants in the Building may during Normal Business Hours subject to scheduling such freight elevator with the Building Manager during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be regulated during other than normal business hours in such manner as optional with Landlord deems appropriateand shall never be deemed a continuing obligation. Landlord, however, shall have no liability provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided.
(8) Access control to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless Building during other than Normal Business Hours shall be provided in such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord's ’s efforts to regulate maintain access control to the Building. The failure Building and shall follow all regulations promulgated by Landlord with respect thereto, as the same may be amended from time to time. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any extent access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in any manner for failure of any access personnel, services, procedures or equipment to furnishprevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Property.
B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services (without markup or profit to Landlord), which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due.
C. Except as otherwise expressly provided herein, the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from Landlord’s adherence to laws, regulations and administrative orders, repairs, improvements alterations, breakdown, accident, weather, strikes, labor disputes, fuel or material scarcity, or failure of any corporation, firm or person with whom the Landlord may contract for any such service to furnish same, or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an a constructive eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery.
D. Landlord shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon:
(a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the exterior portion of the Building and Property, (d) all parking facilities and other portions of the Common Areas, including Building facilities common to all tenants, including, but not limited to, the ceilings, walls and floors in the Common Areas. Landlord shall use reasonable diligence to make repairs when appropriate to keep the applicable portion of the Premises, Building, Property, and other items in the condition described in this clause. Landlord shall not be in default of its repair and maintenance obligations under this section if Landlord performs the repairs and maintenance within thirty (30) days after written notice by Tenant to Landlord of the need for such repairs and maintenance. If, due to the nature of the particular repair or maintenance obligation, more than thirty (30) days are reasonably required for completion, Landlord shall have no claim for offset or not be in default under this section if Landlord begins work within this thirty-day (30-day) period and diligently prosecutes this work to completion. No abatement of Rent and no liability of Landlord shall result for any injury to or damages on account interference with Tenant’s business arising from the making of an interruption or failure to make any repairs, replacements, alterations, or improvements in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result to any portion of the negligence or misconduct of LandlordPremises, its agentsBuilding, contractorsProperty, fixtures, appurtenances, or employeesequipment.
Appears in 1 contract
Sources: Office Lease Agreement (Outdoor Channel Holdings Inc)
Services to be Furnished by Landlord. Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard or as 7:00 AM required by governmental authority to 6:00 PM Monday through Friday accommodate building standard occupant lighting and 8:00 AM to 1:00 PM on Saturdayelectrical loads; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours Normal Business Hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished on a floor-by-floor basis only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE one (1) DAY Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, service as set forth in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires Basic Lease Information and subject to change from time-to-time. All additional heating ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant. Utilities for any additional HVAC or use including electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed power, and both parties agree to act in good faith to monitor hot or chilled water shall be separately metered and the Allowancecost of the meters, maintenance thereof, and the cost of the utilities shall be at Tenant’s expense.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial serviceBasic janitor services on Business Days; provided, Monday through Fridayhowever, but exclusive if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefor by referenceLandlord.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities11 hereof, (which shall be agreed upon by both Landlord and Tenant), facilities to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent Fluorescent and incandescent bulb and ballast replacement in the Premises and fluorescent and incandescent bulb replacement in the Premises, Common Areas and Service Areas.
(f) Elevators for ingress and egress to and from the floor of the Premises during Normal Business Hours and with at least one elevator available at all other times.
(g) Personnel specified by Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year. Access control to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Tenant shall cooperate fully in In Landlord's ’s efforts to regulate maintain access control to the Building and shall follow all regulations promulgated by Landlord with respect thereto. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY ACCESS PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY ACCESS PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for service from any company or companies providing electricity service (“Service Provider”). Tenant shall cooperate with Landlord and the Service Provider at all times and, as reasonably necessary, shall allow Landlord and Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. The Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Service Provider is no longer available or suitable for Tenant’s requirements, no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. Landlord may, but is not obligated to, provide additional services hereunder; provided, however, that if Landlord does provide such extra services, Tenant agrees to pay a ten percent (10%) administration fee for the provisions of such services. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, force majeure or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset or offset, abatement of Rent rent or damages or termination of this Lease on account of an interruption in service occasioned thereby or resulting therefrom. Except as expressly provided herein, unless such lossess Landlord shall not be required to make any repairs to or damages are maintain the result of the negligence or misconduct of Landlord, its agents, contractors, or employeesPremises.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold 1. Cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard for buildings of similar class, size, age and location, or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours Normal Business Hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished only upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear pay Landlord, upon demand as additional rent, the entire cost of additional service as such requested additional service. costs are determined by Landlord agrees from time to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancetime.
(b) 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standardstandard for buildings of similar class, size, age and location.
(c) Reasonable janitorial service, Monday through Friday, but exclusive of normal business holidays3. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. LandlordJanitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall have no liability be subject to TenantLandlord's reasonable approval) to do such work or, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by unauthorized persons on the Premises, unless such lossess or damages are the result Landlord.
4. Elevator service in common with other tenants of the negligence or misconduct Building for ingress and egress to and from the floor of Landlordthe Premises during Normal Business Hours.
B. Except as otherwise expressly provided herein, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if (i) Landlord ceases to furnish any service in the Building, and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such five (5) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are . Landlord's entire obligation with respect to the result repair and maintenance of the negligence or misconduct of Premises are set forth above.
C. Tenant expressly acknowledges that if Landlord, its agentsfrom time to time, contractorselects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or employeesapprehend any one suspected of personal injury or property damage in, on or around the Property.
Appears in 1 contract
Sources: Office Lease (Tenera Inc)
Services to be Furnished by Landlord. 7.1 Landlord agrees to furnish Tenant the following defined services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building.
(b) Central heat, ventilation and heating and air-air conditioning in season (“HVAC”) at such temperatures and in such amounts as are deemed standard by Landlord required to satisfy the following specifications: (i) during Spring and Summer months, interior temperatures ranging from time to time 68-76 degrees fahrenheit, with relative humidity between 40-60%, and (ii) during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday Fall and 8:00 AM to 1:00 PM on SaturdayWinter months, but exclusive of normal business holidays; howeverinterior temperatures ranging from 68-72 degrees fahrenheit, electrical and heating and airwith relative humidity between 40-conditioning 60%, HVAC services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the “Normal Building Hours” shall be furnished only upon the request of Tenant delivered to Landlord at least ONE (1) DAY in advance of on the date day such usage is requestedrequired. Tenant shall bear the entire cost of such requested additional service. services as such cost is determined by Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowanceperiodically.
(bc) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(cd) Reasonable janitorial Janitorial service, Monday through Fridayfive days per week, but exclusive of normal business holidaysholidays and high dusting at least four (4) times each month. A copy If, however, Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefor by referenceLandlord or a representative of Landlord.
(de) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities12, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(ef) All Building Standard Grade fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(fg) Access to the Building may be regulated during other than normal business Normal Building Hours; provided that Tenant shall have access to the Building and Premises on a 24 hours in such manner as Landlord deems appropriateper day, 7 days per week basis, subject to Landlord’s reasonable security regulations and requirements. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or invitees, licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless Premises and neither shall Landlord be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall cooperate fully in Landlord's ’s efforts to regulate access to maintain security in the Building. Building and shall follow all regulations promulgated by Landlord with respect thereto.
7.2 The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction (constructive or otherwise) of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereof. of this Lease.
7.3 Should any of the equipment or machinery used in the provision of such defined services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, unless such lossess or damages if Building services to be provided by Landlord to Tenant pursuant to the Lease are the interrupted as a result of the Landlord’s negligence or misconduct Landlord’s default under this Lease, and such interruption continues for more than three (3) business days after Tenant gives Landlord written notice of such interruption; and if such interruption renders all or a portion of the Premises untenantable, and if the restoration of such services is within the reasonable control of Landlord, then Base Rent and Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses shall a▇▇▇▇ beginning on the fourth (4th) business day of such interruption and continuing until such services are restored. Such abatement shall be in a proportion corresponding to the proportion of the Premises so rendered untenantable.
7.4 Except as otherwise expressly provided herein, Landlord shall not be required to make any repairs to the Premises.
(a) Notwithstanding any provision in this Lease to the contrary, no services shall be rendered to Tenant under this Lease if, in Landlord’s opinion, such service would, within the meaning of the United States Treasury Income Tax Regulation Section 1.512(b)-l (c)(5), be rendered to Tenant primarily for its agentsconvenience and would be other than a service that is usually or customarily rendered to lessees in first class office buildings in Maitland, contractorsFlorida (a “Special Service”). If Tenant shall desire any Special Service, or employeesTenant may (subject to Landlord approval) obtain the same from Landlord’s independent contractor if the same is available therefrom. Tenant shall negotiate for such Special Service directly with such independent contractor, and shall separately compensate the independent contractor (at rates to be mutually agreed upon by Tenant and such independent contractor) for any Special Services the independent contractor renders to Tenant. Any Special Services rendered to Tenant by the independent contractor shall be rendered by the independent contractor for its own account and at its sole cost and expense. Landlord acknowledges that (except as provided in Paragraph 7.1 (d) hereof with respect to extra janitorial services) the services contemplated to be provided by Landlord pursuant to Section 7.1 hereof are not Special Services.
(b) Any service, other than a Special Service, required to be rendered to Tenant by Landlord hereunder shall be rendered on behalf of Landlord by Landlord’s independent contractor, unless Landlord elects to render such services directly to Tenant, provided that such delegation shall not relieve Landlord of its obligations under this Lease,
Appears in 1 contract
Services to be Furnished by Landlord. (a) So long as no Event of Default exists under the Lease pursuant to which Landlord has exercised one or more remedies under Section 27, Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a1) Hot Facilities for hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding and as necessary to service any kitchen facilities within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and heating central heat and air-air conditioning in season season, during Normal Business Hours, at such temperatures and in such amounts as are deemed considered to be standard for similar Class A office buildings within the Market Area or as required by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times governmental authority (including energy conservation requirements). If Tenant will require water supply other than for normal business hours as provided in the preceding sentence, or if Tenant requires chilled water in connection with any supplemental air conditioning equipment servicing the Premises, Landlord may install separate meters at the cost of Tenant. Landlord may elect to have all charges for the 5th and 7th floors tower area of water services (including chilled water) separately metered to the Premises of the Building billed directly to Tenant and Landlord shall be furnished upon request of Tenant delivered make a corresponding adjustment to Landlord at least ONE (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt Share of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the AllowanceBasic Operating Costs.
(b2) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standardstandard for Class A office buildings in the Market Area.
(c3) Reasonable janitorial Janitor service, Monday through Fridayfive (5) days per week, but exclusive of normal business holidays. Normal Business Holidays, at a level comparable to that provided in similar Class A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein by referenceoffice buildings within the Market Area.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e4) All Building Standard fluorescent flourescent and incandescent bulb and ballast replacement in the Premises and fluorescent and incandescent bulb replacement in Premises, the Common Areas and the Service Areas.
(f5) Access Limited access to the Building may be regulated during other than normal business hours Normal Business Hours through the use of master entry cards and/or keys. Tenant shall receive three (3) master entry cards and/or keys for each one thousand (1,000) square feet of Rentable Area in such manner as Landlord deems appropriate. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises. Tenant shall reimburse Landlord for the cost (plus applicable sales tax) of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. LANDLORD SHALL HAVE NO LIABILITY TO TENANT, unless such lossess or damages are the result of the negligence or misconduct of LandlordITS EMPLOYEES, its agentsAGENTS, contractorsCONTRACTORS, or employees INVITEES, OR LICENSEES FOR LOSSES DUE TO THEFT OR BURGLARY (OTHER THAN THEFT OR BURGLARY COMMITTED BY EMPLOYEES OR CONTRACTORS OF LANDLORD), OR FOR DAMAGES DONE BY UNAUTHORIZED PERSONS ON THE PREMISES OR THE COMPLEX. Tenant shall cooperate fully in Landlord's efforts to regulate control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit "C".
(6) Electricity and proper facilities to furnish (A) Building Standard lighting (which shall be defined as an average load of two (2) watt▇ ▇▇▇ square foot multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption ("Miscellaneous Power"), provided that Tenant's Miscellaneous Power requirements shall not exceed eight (8) watt▇ ▇▇▇ square foot of connected load (the "Building Standard Electrical Design Load"). If Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord's engineer reasonably deems necessary to accommodate such above standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. If separate utility meters are provided to the BuildingPremises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs.
(7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager (however, all of the foregoing shall be subject to the Rules and Regulations for the Building and temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems).
(8) Heating and air conditioning during Normal Business Hours in quantities which maintain temperatures which are standard for Class A office buildings in the Market Area.
(9) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant, and Tenant shall reimburse Landlord for the actual cost incurred by Landlord to provide such service provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the actual costs incurred by Landlord in providing such service. If any other tenant within the same HVAC zone as the Premises also requests after hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same zone requesting such service.
(b) If Landlord agrees to provide any other additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of building personnel, and, if the provision of any such service requires Landlord to incur out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent (10%) of cost plus applicable sales tax) within ten (10) days following receipt of invoice. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default).
(c) The unintentional failure by Landlord to any extent to furnish, furnish services hereunder or the interruption or termination of, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord any cessation thereof shall not render Landlord liable in any respectrespect for damages (including, without limitation, business interruption damages) to either person or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill fulfillment of any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease be interrupted, Landlord shall use reasonable diligence to function properlyrestore the same promptly, but Tenant shall have no claim for offset rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if there is a failure or interruption of the Essential Services (defined below) for any period exceeding five (5) consecutive days, and provided such failure is caused by and within the reasonable control of Landlord and is not caused by Tenant or any Tenant Related Party (as defined in Section 22(b)), Landlord shall allow Tenant an equitable abatement of Rent (based on the severity of the failure or damages interruption) effective from the sixth (6th) day following the earlier to occur of (i) the date on account which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such Essential Services are restored. As used herein, the term "Essential Services" means and refers to the following services: water, heating, ventilation and air conditioning, and electricity. Notwithstanding the foregoing, if and to the extent there is an interruption of Essential Services and Landlord would be entitled to receive proceeds from rent loss insurance carried by Landlord (to the extent actually carried by Landlord) should Landlord give Tenant an abatement of rent due to said interruption, then in service occasioned thereby or resulting therefrom, unless such lossess or damages are that event Landlord shall file a claim for rent loss insurance proceeds and Tenant shall receive an equitable abatement of Rent equal to the result of the negligence or misconduct of rent loss insurance proceeds actually received by Landlord, its agents, contractors, or employees.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord ▇▇▇▇▇▇▇▇ agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the BuildingBuilding including the lunchroom), central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for “Normal Business Hours” for the Building (which are hereby defined as 7:00 AM 7:30 a.m. to 6:00 PM Monday p.m. on Mondays through Friday Fridays and 8:00 AM a.m. to 1:00 PM p.m. on SaturdaySaturdays, but exclusive of normal business holidays; however), electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request to Tenant through the use of Tenant delivered to Landlord at least ONE (1) DAY in advance of a card key system which automatically accesses the date such usage is requestedafter hours HVAC system. Tenant shall bear the entire cost of additional service allocable to the Premises as such requested additional costs are determined by Landlord from time to time (but such costs shall not include depreciation, management fees or a mark-up beyond the actual estimated costs of the utility service). Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and The initial cost of HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will outside of Normal Business Hours shall be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 62.50 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancehour.
(b) Routine maintenance and electric lighting service for all Exterior Common Areas, Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial Janitor service, Monday Mondays through FridayFridays, but exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. A copy Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not unreasonably interfere with Tenants’ use of the Premises. Janitorial specifications are attached as Exhibit “H” to this Lease as EXHIBIT D and incorporated herein by referencethe Lease.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities13, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access Landlord may elect to provide security in the form of limited access to the Building may be regulated during other than normal business hours in Normal Business Hours. No such manner as Landlord deems appropriatesecurity shall be provided during Normal Business Hours. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on the Premises, unless Premises and neither shall Landlord be required to insure against any such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees losses. Tenant shall fully cooperate fully in Landlord's ’s efforts to regulate maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto. Landlord shall provide Tenant and Tenant’s employees, at Tenant’s request, with exclusive keycard access to the BuildingPremises (up to 40 access cards – 4 per 1,000 square feet – shall be provided at no cost to Tenant; thereafter Tenant shall be required to pay Landlord’s cost for the cards). Initially and until further notice by Landlord to Tenant, the Building Holidays shall be: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Landlord may close the Building at 6:00 p.m. Monday through Friday and 12:00 p.m. on Saturday and all day Sunday and Building Holidays; after which hour, admittance may be gained only under such regulations as may from time to time be reasonably prescribed by Landlord, except that Tenant shall have access to the Premises 24 hours a day, 365 days a year. Landlord may also close the Building in the event of an emergency or casualty but, subject to the other provisions of this Lease, for as short a period of time as is reasonable under the circumstances. The failure by Landlord to any extent to furnish, furnish or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. In the event services are interrupted and continues for more than five (5) days after written notice by ▇▇▇▇▇▇, Tenants rental obligation shall be abated till such time as services are restored only if Tenant does not have business interruption insurance. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, therefrom unless such lossess or damages are damage is the result of the negligence negligent act or misconduct omission of Landlord, its agents, contractors, contractors or employeesemployees but subject to the waiver of subrogation rights set out below if the Tenant’s damages are covered by insurance.
Appears in 1 contract
Sources: Lease Agreement (Healthequity Inc)
Services to be Furnished by Landlord. Landlord agrees shall provide to furnish Tenant, at no additional or separate charge to Tenant, for the services listed in this Paragraph 7, the level and quality of services typically provided by landlords of buildings of the same quality as the Building within a radius of two miles of the Building and Tenant the following servicesshall be entitled to install and operate photocopiers, subject telephone and telecopy equipment, word processing equipment, computers and other equipment customarily used in first class office space in such area without additional charge. Charges for additional services shall not exceed Landlord's reasonable charges. The services Landlord is obligated to any limitations which may be imposed thereon from time to time by any governmental authorityprovide shall include:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard for comparable buildings or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours Normal Business Hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such requested additional servicecosts are determined by Landlord from time to time. Landlord agrees Tenant shall have the right to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and install separate HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usageequipment, which will be separately metered and paid by Tenant. The current after hours rate for HVAC is $49.00 per EXHIBIT 10.7 hour, with a two hour minimum, during the Lease Term. This rate is subject to change due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act changes in good faith electricity rates charged to monitor the AllowanceLandlord.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial serviceJanitor service on Business Days; provided, Monday through Fridayhowever, but exclusive if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefor by referenceLandlord.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities11 hereof, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises necessary to maintain the lighting provided by Landlord as set forth in the Work Letter Agreement attached hereto as Exhibit "D" as a part of the Building Standard Materials and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Passenger elevators for ingress and egress to and from the floor of the Premises during Normal Business Hours and with at least one passenger elevator available at all other times.
(g) Access control to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriateappropriate consistent with buildings of the same quality as the Building within a radius of two miles of the Building. LandlordCoded access cards will be provided to Tenant's authorized employees for after hours access to the Building, however, and a fee will be charged by Landlord based on its costs for such cards. Tenant also shall have no liability the right, at its sole cost and expense, to Tenant, its employees, agents, invitees install and operate such additional access control systems as it shall determine for the purpose of limiting access to or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on within the Premises, unless provided that Tenant gets Landlord's written approval of such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees systems before installation and provided that Landlord shall be provided access to such systems to enter Tenant's space at any time. Tenant shall cooperate fully in Landlord's efforts to regulate maintain access control to the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto.
(h) Access to Landlord's delivery docks, if any, for use only during the construction of the Tenant Improvements (as hereinafter defined), subject to Landlord's rules and regulations regarding use of the delivery docks and subject to Landlord's prior written approval of Tenant's proposed use of the delivery docks. The Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, FORCE MAJEURE or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Except as expressly provided herein, unless such lossess Landlord shall not be required to make any repairs to or damages maintain the Premises. However, if services are the interrupted or abated for any reason, or if Landlord interferes with Tenant's operations as a result of the negligence or misconduct exercise by Landlord of Landlord, its agents, contractorsright to enter into the Premises, or employees.perform services or work with respect to any other portion of the Building, and as a result of such interruption, Tenant cannot use the Premises in substantially the same manner as prior to such interruption for five (5) consecutive business days, Tenant shall have the right to ▇▇▇▇▇ rent on a pro rata basis based on the amount of the Premises which are substantially unusable until such interference is remedied. Landlord shall maintain the Building, all structural components thereof, all base building improvements, all mechanical, electrical, and plumbing facilities, outside of the Premises, not including any HVAC equipment installed by Tenant, the roof and roof membrane, all utilities, all parking areas, and all common areas in a condition comparable to that of other buildings comparable to the Building within a two mile radius of the Building. EXHIBIT 10.7
Appears in 1 contract
Services to be Furnished by Landlord. Landlord agrees to (a) To furnish Tenant during Tenant's occupancy of the Leased Premises the following building standard services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(ai) Hot and cold water at those points of supply provided for general use of other tenants in the BuildingProject.
(ii) Central heating, ventilation and heating air conditioning ("HVAC") in season, subject to curtailment as required by governmental laws, rules or regulations, in such amounts as necessary, for reasonable comfort under load conditions which do not exceed (A) occupancy of one person per 250 square feet of Usable Area and air-conditioning in season (B) power consumption for lighting and electrical equipment at such temperatures as are deemed standard by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive a demand load of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE five (15) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇watt▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ square foot of Usable Area. Components of the tower HVAC system are designed to monitor Tenant's electrical and HVAC usage. If, in produce the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours indoor conditions below noted when the outdoor conditions are as defined herein, Tenant may use stated: Indoor Conditions Outdoor Conditions ----------------- ------------------ Summer 75(degrees) Fahrenheit dry bulb 95(degrees) Fahrenheit dry bulb Relative humidity not 78(degrees) Fahrenheit wet bulb to exceed 55% Winter 70(degrees) Fahrenheit dry bulb 0(degree) Fahrenheit dry bulb Landlord shall furnish such service without notifying Landlord to Tenant between the hours of 8:00 A.M. and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance8:00 P.M., Tenant will be billed for such additional usageMonday through Friday, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance9:00 A.M. and 4:00 P.M., Tenant will receive a credit towards Saturday, excluding the following monthholidays: New Year's usageDay, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and President's Day. Landlord and shall use all reasonable efforts to provide such service to Tenant acknowledge that within the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancetemperature ranges set forth above.
(biii) Routine maintenance maintenance, painting and electric lighting service for all Common Areas public areas and Service Areas service areas of the Building Project consistent with the standard established in Section 3.01.
(iv) Janitorial service (including lavatory supplies) in accordance with EXHIBIT F on a five (5) day week basis; provided however, if Tenant's Improvements require special cleaning in excess of the manner and services set forth in EXHIBIT F, Tenant shall pay the additional cleaning cost, if any, attributable thereto, unless Tenant instructs Landlord in writing not to perform such special cleaning. Landlord shall provide Tenant notice of the need for any special cleaning of the initial Tenant Improvements prior to the Commencement Date.
(v) Sufficient electricity to serve the Leased Premises for (A) lighting at high voltage (277 volts, single phase) to the extent deemed that the demand load of said lighting does not exceed one and one-half (1.5) watt▇ ▇▇▇ square foot of Usable Area and (B) office and other equipment of low electrical consumption at standard voltage (120 volts, single phase) to the extent that the demand load of said equipment does not exceed three and one-half (3.5) watt▇ ▇▇▇ square foot of Usable Area. Notwithstanding the foregoing, if Tenant shall install:
(1) any (single) air-conditioning unit having a rated capacity of more than three tons,
(2) any (single) photocopier having a rated electric demand of more than three kilowatts, or
(3) any (single) piece of equipment (other than an air-conditioning unit or photocopier) that has the capacity to consume more than three kilowatt hours of electricity per hour, (any such unit or piece of equipment being herein called "High Capacity Electric Equipment"), then the electricity consumed by Landlord to such High Capacity Electric Equipment shall be standardseparately metered (at Tenant's expense) and the cost of such electricity shall be paid separately by Tenant.
(cvi) Reasonable janitorial serviceBulbs, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D starters and incorporated herein by reference.
(d) Subject to ballasts for building standard light fixtures in the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Leased Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(fvii) Access to control for the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. LandlordProject, which will include (A) perimeter electronic access control with an elevator "lock-off" feature, and (B) on-site manned security, twenty-four (24) hours, seven (7) days a week; provided, however, Landlord shall have no liability not be liable to Tenant, its employees, agents, invitees or licensees Tenant for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on in the Premises, unless such lossess or damages are Project (including the result of the negligence or misconduct of Landlord, its agents, contractors, or employees Land). Tenant shall cooperate fully in Landlord's efforts to regulate have access to the BuildingLeased Premises (except in the case of an emergency) twenty-four (24) hours per day, seven (7) days per week. The Landlord shall furnish to Tenant a reasonable number (not to exceed one per employee occupying the Leased Premises) of access control keys at no cost to Tenant on or prior to the Commencement Date. Any additional keys requested by Tenant shall be paid for by Tenant in an amount equal to Landlord's actual cost.
(viii) Public elevator service, including freight elevator service, servicing the floor(s) on which the Leased Premises are situated, twenty-four (24) hours per day, seven (7) days per week, except in the case of an emergency and routine maintenance and repairs (provided, however, at least one passenger elevator shall be operational at all times other than emergencies).
(b) If Tenant requests any of the services referred to in Section 3.02(a) in amounts in excess of or at times in addition to, those described in Section 3.02(a), Tenant shall pay Landlord as additional rent hereunder Landlord's actual cost of providing such additional services.
(c) Except as otherwise expressly provided in this Section 3.02(c), failure by Landlord to any extent to furnishfurnish any services to Tenant, the Leased Premises and the Project, or the interruption or termination ofany cessation thereof, the above-described services in whole or part resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respectrespect for damages to person, property, or otherwise, nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill fulfillment of any covenant or agreement thereofhereof. Should If any of the equipment or machinery used utilized in supplying the provision of such services listed in Section 3.02
(a) break down, or for any cause cease to function properly, Tenant Landlord shall, however, use reasonable diligence to repair the same promptly. Notwithstanding anything in this Section 3.02(c) to the contrary, if failure to provide the services under Section 3.02(a) for any reason within Landlord's reasonable control shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, unless such lossess or damages are the result materially interfere with Tenant's use of the negligence Leased Premises (or misconduct a portion thereof) for normal office purposes requiring Tenant to undertake measures out of Landlordthe ordinary to conduct its business in the Leased Premises (a "Material Interruption") for a period of five (5) consecutive business days, its agents, contractors, or employeesthen rent hereunder shall abat▇ ▇▇ the same proportion as the portion of the Leased Premises affected by the Material Interruption bears to the entire Leased Premises commencing on the sixth (6th) business day thereafter and continuing until the Material Interruption shall cease.
Appears in 1 contract
Sources: Lease (Charles River Associates Inc)
Services to be Furnished by Landlord. Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority:
(a) Hot and cold 1. Cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season in accordance with the specifications attached hereto as Exhibit G, or as required by governmental authority; provided, however, heating and air conditioning service at times other than Normal Business Hours for the Building shall be available to Tenant, on a per floor basis, by means of a Electronic Security Card Key system, based on a two hour minimum at the initial rate of $30.00 per hour. Such $30.00 per hour rate shall be subject to rate adjustments from time to time in direct proportion to T.U. Electric (or such temperatures other utility company supplying electricity to the Building) rate adjustments to the Building. Tenant shall pay Landlord, upon demand as additional rent, the entire cost of additional service as such costs are deemed standard determined by Landlord from time to time during normal business hours which are hereby defined as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturday, but exclusive of normal business holidays; however, electrical and heating and air-conditioning services at times other than for normal business hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished upon request of Tenant delivered to Landlord at least ONE (1) DAY in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service. Landlord agrees to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usage, which will be due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act in good faith to monitor the Allowancetime.
(b) 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standardstandard for buildings of similar class, size, age and location.
(c) Reasonable janitorial service3. Janitor service on Business Days in accordance with the specifications attached hereto as Exhibit H, Monday through Friday, but exclusive of normal business holidays. A copy of janitorial or such other comparable specifications are attached to this Lease as EXHIBIT D and incorporated herein by reference.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities, (which shall be agreed upon by both Landlord and Tenant), to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate. Landlordmay specify; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall have no liability be subject to TenantLandlord's reasonable approval) to do such work or, its employees, agents, invitees or licensees for losses due to theft or burglary, or for damages or injuries done (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by unauthorized persons on Landlord. Landlord shall clean and maintain the Premises, unless such lossess or damages are the result entrance lobby and all public areas of the negligence or misconduct Building and Parking Garage in a manner suitable for first class office buildings in Dallas, Texas.
4. Elevator service in common with other tenants of Landlordthe Building for ingress and egress to and from the floor of the Premises during Normal Business Hours.
5. Clean the exterior windows of the Premises at least twice a year.
B. Except as otherwise expressly provided herein, its agents, contractors, or employees Tenant shall cooperate fully in Landlord's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth above. Notwithstanding anything to the contrary contained in this Section VII.B. If (i) Landlord ceases to furnish any service in the Building, unless and Tenant notifies Landlord of such lossess or damages are cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the negligence repair or misconduct restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its agents, contractorsbusiness) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the first (1st) business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again.
C. The Building will include a security system restricting access after normal business hours to the Building to only those tenants of the Building using magnetic coded cards and restricting access via the elevators to Tenant's exclusive floors within the Building to only those persons using magnetic coded cards issued to persons authorized by Tenant. Magnetic coded entry cards shall be issued to Tenant's employees without charge to Tenant or its employees; however, Landlord may charge to Tenant the reasonable cost of reissuing replacements for lost or damaged cards. Landlord shall furnish to Tenant monthly (unless sooner requested in the event of a breach of security), at Landlord's actual cost, if any, a computer printout of the log showing by card numbers the date and time of entry by persons to the Leased Premises during those hours when access to the Premises is restricted. Notwithstanding anything herein to the contrary, Tenant expressly acknowledges that Landlord shall not be deemed to have warranted the efficiency of any such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend any one suspected of personal injury or property damage in, on or around the Property. Upon receipt of notice from Tenant, with respect to a malfunction of the security system, Landlord, as part of Basic Costs, shall promptly take whatever action is reasonably necessary to correct such malfunction in the security system.
Appears in 1 contract
Services to be Furnished by Landlord. Landlord agrees shall provide to furnish Tenant, at no additional or separate charge to Tenant, for the services listed in this Paragraph 7, the level and quality of services typically provided by landlords of buildings of the same quality as the Building within a radius of two miles of the Building and Tenant the following servicesshall be entitled to install and operate photocopiers, subject telephone and telecopy equipment, word processing equipment, computers and other equipment customarily used in first class office space in such area without additional charge. Charges for additional services shall not exceed Landlord's reasonable charges. The services Landlord is obligated to any limitations which may be imposed thereon from time to time by any governmental authorityprovide shall include:
(a) Hot and cold water at those points of supply provided for general use of other tenants in the Building, central heat and heating and air-air conditioning in season season, at such temperatures and in such amounts as are deemed standard considered by Landlord from time to time during normal business hours which are hereby defined be standard for comparable buildings or as 7:00 AM to 6:00 PM Monday through Friday and 8:00 AM to 1:00 PM on Saturdayrequired by governmental authority; provided, but exclusive of normal business holidays; however, electrical and heating and air-air conditioning services service at times other than for normal business hours Normal Business Hours for the 5th and 7th floors tower area of the Premises of the Building shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least ONE (1) DAY one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such requested additional servicecosts are determined by Landlord from time to time. Landlord agrees Tenant shall have the right to use his best efforts to separately meter or submeter the 5th floor annex and to submeter the 5th ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇ the tower to monitor Tenant's electrical and install separate HVAC usage. If, in the 5th ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ , ▇▇▇▇▇▇ ▇▇▇ires HVAC or electrical usage after normal business hours as defined herein, Tenant may use such service without notifying Landlord and such usage will be calculated on a monthly basis to determine if Tenant's usage is over or under the stated electrical allowance ("Allowance") which for this Lease is calculated at $1.00 per rentable square foot. If Tenant's usage exceeds the Allowance, Tenant will be billed for such additional usageequipment, which will be separately metered and paid by Tenant. The current after hours rate for HVAC is $49.00 per hour, with a two hour minimum, during the Lease Term. This rate is subject to change due and payable thirty (30) days after receipt of Invoice. If Tenant's usage is under the Allowance, Tenant will receive a credit towards the following month's usage. Landlord and Tenant acknowledge that the Allowance may be adjusted up or down as needed , and both parties agree to act changes in good faith electricity rates charged to monitor the AllowanceLandlord.
(b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be standard.
(c) Reasonable janitorial serviceJanitor service on Business Days; provided, Monday through Fridayhowever, but exclusive if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of normal business holidays. A copy of janitorial specifications are attached to this Lease as EXHIBIT D and incorporated herein a statement therefor by referenceLandlord.
(d) Subject to the provisions of Paragraph 10 and Paragraph 6
(a) Building Standard facilities11 hereof, (which shall be agreed upon by both Landlord and Tenant), facilities to provide all electrical current sufficient to illuminate the Premises and for the operation of small office machines required by Tenant in its use and occupancy of the Premises.
(e) All Building Standard fluorescent bulb replacement in the Premises necessary to maintain the lighting provided by Landlord as set forth in the Work Letter Agreement attached hereto as Exhibit "D" as a part of the Building Standard Materials and fluorescent and incandescent bulb replacement in the Common Areas and Service Areas.
(f) Passenger elevators for ingress and egress to and from the floor of the Premises during Normal Business Hours and with at least one passenger elevator available at all other times.
(g) Access control to the Building may be regulated during other than normal business hours Normal Business Hours shall be provided in such manner form as Landlord deems appropriateappropriate consistent with buildings of the same quality as the Building within a radius of two miles of the Building. LandlordCoded access cards will be provided to Tenant's authorized employees for after hours access to the Building, however, and a fee will be charged by Landlord based on its costs for such cards. Tenant also shall have no liability the right, at its sole cost and expense, to Tenant, its employees, agents, invitees install and operate such additional access control systems as it shall determine for the purpose of limiting access to or licensees for losses due to theft or burglary, or for damages or injuries done by unauthorized persons on within the Premises, unless provided that Tenant gets Landlord's written approval of such lossess or damages are the result of the negligence or misconduct of Landlord, its agents, contractors, or employees systems before installation and provided that Landlord shall be provided access to such systems to enter Tenant's space at any time. Tenant shall cooperate fully in Landlord's efforts to regulate maintain access control to the BuildingBuilding and shall follow all regulations promulgated by Landlord with respect thereto.
(h) Access to Landlord's delivery docks, if any, for use only during the construction of the Tenant Improvements (as hereinafter defined), subject to Landlord's rules and regulations regarding use of the delivery docks and subject to Landlord's prior written approval of Tenant's proposed use of the delivery docks. The Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described of these defined services in whole or part in part, resulting from adherence to laws, regulations and administrative orders, FORCE MAJEURE or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect, respect nor be construed as an eviction of Tenant, nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement thereofhereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Except as expressly provided herein, unless such lossess Landlord shall not be required to make any repairs to or damages maintain the Premises. However, if services are the interrupted or abated for any reason, or if Landlord interferes with Tenant's operations as a result of the negligence or misconduct exercise by Landlord of Landlord, its agents, contractorsright to enter into the Premises, or employeesperform services or work with respect to any other portion of the Building, and as a result of such interruption, Tenant cannot use the Premises in substantially the same manner as prior to such interruption for five (5) consecutive business days, Tenant shall have the right to ▇▇▇▇▇ rent on a pro rata basis based on the amount of the Premises which are substantially unusable until such interference is remedied. Landlord shall maintain the Building, all structural components thereof, all base building improvements, all mechanical, electrical, and plumbing facilities, outside of the Premises, not including any HVAC equipment installed by Tenant, the roof and roof membrane, all utilities, all parking areas, and all common areas in a condition comparable to that of other buildings comparable to the Building within a two mile radius of the Building.
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