Common use of Services to be Furnished by Landlord Clause in Contracts

Services to be Furnished by Landlord. A. Landlord 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 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 these defined services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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.

Appears in 1 contract

Sources: Office Lease Agreement (Graymark Healthcare, Inc.)

Services to be Furnished by Landlord. A. Landlord 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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 hot water heater. (2) . Central heat and air conditioning in season during Normal Business Hours, (provided however, Tenant shall be furnished heating and air conditioning on Saturdays only upon Tenant's initiation of the heating and air conditioning system through use of Tenant's security access card), at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times hours other than Normal Business Hours, such additional service central heat, ventilation or air conditioning shall be furnished only to Tenant upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance Tenant's initiation of the date for which such usage is requestedheating and air conditioning system after Normal Business Hours through use of Tenant's security access card. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) . Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (4) Janitorial and cleaning . Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementsservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. (5) . Passenger elevator service in common with other tenants of the Building. 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. set forth in Article XI of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 The failure by Landlord to any extent to furnish, or the interruption or termination of these defined of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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 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 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

Sources: Standard Form Office Lease (Ritz Interactive, Inc.)

Services to be Furnished by Landlord. A. Landlord 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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 hot water heater. (2) . Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times hours other than Normal Business Hours, such additional service 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 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 costs are determined by Landlord from time to time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) . Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (4) Janitorial and cleaning . Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s Tenants use, floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementsservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. (5) . Passenger elevator service in common with other tenants of the Building. 6. Electricity to the Premises for general generally office use, in accordance with and subject to the terms and conditions of Section 11. set forth in Article XI of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 The failure by Landlord to any extent to furnish, or the interruption or termination of these defined of, any services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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. 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 five (5) 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 payable hereunder during the period beginning on the sixth (6th) 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. C. 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 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

Sources: Office Lease (Information Management Associates Inc)

Services to be Furnished by Landlord. A. Subject to Paragraph 7 of this Lease, Landlord agrees to use commercially reasonable efforts to furnish Tenant the following services: (1a) Water at those existing points of supply provided for the general or common use of Tenant and other tenants in the lavatories on the floor(sBuilding. SpanishRiver.Manchester.September 22, 1997.ajm Initials: ----- ----- Page 6 (Tenant) 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 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 (Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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.) (2b) Central heat and air conditioning in season to the Building, Service Areas, Common Areas, and the Premises during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Hours provided Tenant shall bear the entire cost of additional any electric consumption relating to the air conditioning systems within Tenant's Premises and provided further that such services may be interrupted or moderated (with shorter service as such costs are determined hours or different temperature settings) by any policies or regulations of any utility or governmental agency. Tenant has certain air conditioning equipment within its Premises which Tenant may access at its choice and Landlord from time-to-timerepresents that the utility systems, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating including heating and air conditioning required (if any) to accommodate Tenant’s design shall systems and equipment will be installed in working order at the time Tenant takes occupancy. Notwithstanding anything to the contrary as may be set forth herein, Landlord shall replace the compressors or condensers for any HVAC equipment within or serving Tenant’s expense subject to Landlord’s prior written approval. The cost of operation 's Premises provided Tenant pays for all monthly maintenance and maintenance repairs of the equipment HVAC, including normal replacements of fan belts and motors, plus a monthly maintenance and filter changing contract with an entity approved by Landlord, which approval shall not be the responsibility unreasonably withheld. Landlord shall, nevertheless, maintain, replace and repair any of the Tenant central air conditioning distribution lines for cooled water which might service the equipment within Tenant's Premises. Landlord shall also maintain, replace and paid to Landlord as Additional Rentrepair the air conditioning systems for the Common Areas. (3c) Maintenance Routine maintenance and repair of electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and locationand/or reasonable. (4d) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5) Electricity to the Premises for general office useand all Common Areas, Mondays through Fridays, exclusive of normal business holidays. e) Facilities to provide all electrical current as Landlord, in accordance its sole discretion, determines is necessary for normal office use within the Premises and for use and operation of the Common Areas (interior and exterior) with and subject to Tenant being responsible for the terms and conditions of Section 11. of this Leaseactual electric consumption within the Premises. (6f) Fluorescent All florescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent florescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas; however, Tenant shall pay for the replacement of any "high hat" lights or any other special or customized lighting fixture not equivalent to Landlord's standard Tenant finish improvements. (7g) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control Control of access to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate; however, Tenant shall be able to access its Premises twenty-four (24) hours per day, seven (7) days per week utilizing the security access codes or controls which Landlord shall supply to Tenant. No prior approval of Landlord shall be required of Tenant in order to access Tenant's Premises. Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for bodily injury, death, or for damages to or loss of property suffered or incurred by any party whomsoever, caused by or arising from theft or burglary or entry of unauthorized persons onto the Property and neither shall Landlord be required to insure against any such losses except if caused by the Landlord's gross negligence or gross negligence of the Landlord's employees. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to security in the Building and on the Property and shall follow all regulations promulgated by Landlord with respect thereto. Notwithstanding anything herein Landlord. h) Elevator service to each floor of the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnelPremises, service, procedures or equipment and provided that Tenant is not relying shall be limited in its use of such elevators for the purpose of moving its property in and out of the Building which moving activities shall not hereafter rely on any be done: (i) Only during other than Normal Business Hours or such personnel serviceother hours as Landlord may approve in writing; (ii) Only after first obtaining Landlord's consent to such use, procedures or equipment. which request shall be submitted in writing to Landlord no less than five (5) days in advance of each desired move (which consent shall not be responsible unreasonably withheld); SpanishRiver.Manchester.September 22, 1997.ajm Initials: ----- ----- Page ▇ (▇▇▇▇▇▇) (▇▇▇▇▇▇▇▇) (▇▇▇) Only after arranging with Landlord to obtain security and/or other supervisory staff of Landlord to be present during such move; and (iv) Only after Landlord advises Tenant in writing of what physical protections Landlord might require Tenant to provide or liable install in any manner order to protect the Building or its components as a condition precedent to such move. Tenant shall pay Landlord promptly for failure all costs associated with Tenant's moving including the operation of the elevator (for moving purposes), the cost of any access personneloperator, servicessupervisory or security personnel and all other costs required herein. Tenant shall also promptly reimburse Landlord's cost to repair any damage to the elevator or the elevator cab(s), procedures or equipment to preventthe Common Areas, controlfloors, walls, or apprehend anyone suspected of causing personal injury or damage in, on or around the Project. B. If Tenant requests any other utilities or building services in addition to those identified above, or any components 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 servicesBuilding resulting from Tenant's moving activities. 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 The failure by Landlord to any extent to furnishfurnish the defined services noted above, in whole or in part, or the interruption or termination of these defined any such services, or the failure of any equipment or machinery used in the provision of such services in whole or 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 cease to function properly shall not render Landlord liable in any respect nor be construed as a an eviction (constructive or otherwise) of Tenant, nor cause an eviction of Tenant, nor give rise to cause an offset or abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should Notwithstanding the foregoing, if any of the equipment foregoing defined services is interrupted or machinery used terminated for more than seven (7) consecutive business days, Tenant shall have the right to ▇▇▇▇▇ rent for up to thirty (30) days after which Tenant shall have the right to terminate this Lease upon giving prior written notice to Landlord provided such services have not been reinstated in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinerymeantime.

Appears in 1 contract

Sources: Office Lease Agreement (Manchester Equipment Co Inc)

Services to be Furnished by Landlord. A. Landlord 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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 hot water heater. (2) . Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times hours other than Normal Business Hours, such additional service 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. P.M. at least 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 costs are determined by Landlord from time to time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) . Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (4) Janitorial and cleaning . Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementsservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. (5) . Passenger elevator service in common with other tenants of the Building. 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. set forth in Article XI of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 The failure by Landlord to any extent to furnish, or the interruption or termination of these defined of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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. 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 five (5) 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 payable hereunder during the period beginning on the sixth (6th) 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. C. 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 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

Sources: Office Lease (United States Exploration Inc)

Services to be Furnished by Landlord. A. Landlord 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s 's design shall be installed at the Tenant’s 's expense subject to Landlord’s 's prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. 11 of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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.

Appears in 1 contract

Sources: Office/Flex Building Lease (MRS Fields Financing Co Inc)

Services to be Furnished by Landlord. A. 7.1 Landlord agrees to furnish Tenant the following defined basic services: (1a) Water Hot and cold water at those points of supply provided for general use of tenants 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 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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 heaterBuilding. (2b) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat; provided, ventilation or however, heating and air conditioning service at times other than for Normal Business HoursBuilding Hours for the Building (as established by the Building Rules and Regulations, such additional service as described in Paragraph 13.2) shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of accordance with the date for which such usage is requestedBuilding Rules and Regulations. Tenant shall bear will pay to Landlord its regular charges for such additional heating or air conditioning. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the entire cost of additional service as such costs are determined by Landlord from time-to-timeBuilding or any part thereof, as Additional Rent upon presentation of or if Tenant desires a statement therefor by Landlord. All additional heating, ventilating and supplemental air conditioning required (if any) system and Landlord has approved same, then Landlord may, at its option, either cause to accommodate Tenant’s be designed or permit Tenant to design shall be installed at the Tenant’s expense a supplemental air conditioning system, subject to Landlord’s approval, and Landlord will install such system at Tenant’s expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant will be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, installation, metering and consumption of electricity and, if applicable, chilled water for supplemental air conditioning. During the Lease Term, Tenant will, at Tenant’s sole cost, repair and maintain such supplemental air conditioning system and keep the same in good condition. If such supplemental air conditioning is installed at the request of either Tenant or Landlord in a manner that utilizes the Building condenser water loop, Tenant will pay a one-time tap fee, payable within 30 days of invoicing from Landlord, at Landlord’s then established rate for such. Tenant will also pay for the necessary pump and piping to connect the supplemental air conditioning equipment to the Building condenser water risers. All systems and equipment installed, as provided herein above, will become part and parcel with the Building and forever remain Landlord’s property; provided that, at Landlord’s request given at the time Landlord approved the installation of such systems and equipment, Tenant will remove such systems and/or equipment prior written approval. The cost to the expiration or termination of operation this Lease and maintenance of the repair any damage caused by such systems and equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rentits removal. (3c) Maintenance Maintenance, repair and repair of replacement for all Common Areas and Service Areas of the Building, including the systems, facilities and equipment necessary for the proper operation of the Project and for provision of Landlord’s other services set forth in this Paragraph, in the manner and to the extent reasonably deemed by found in comparable Class A office buildings in the Suburban Philadelphia area. Accordingly, Landlord will be responsible for and will maintain and repair the foundations, structure and roof of the Building and repair damage to be standard for buildings of similar class, age and locationthe Building which Landlord insures against. (4d) Janitorial and cleaning service in and about the Premises on Business DaysNightly janitorial service, Monday through Friday, exclusive of normal business holidays; provided, however, if Tenant’s 's floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementstreatment, Tenant shall will pay the additional cleaning cost attributable thereto as Additional Rent additional rent upon presentation of a statement therefor by Landlord. (5e) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) Fluorescent All Building Standard 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. 7.2 Electricity and gas will be distributed to the Premises either by the utility companies serving the Building or, at Landlord's option, by Landlord; and Tenant will permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity and/or gas to the Premises, Tenant will pay all of Landlord's charges for such electricity and gas, which charges will be based, at Landlord's option, on (7i) Passenger elevator meter readings, or (ii) on a survey of Tenant's electrical usage and gas usage made by Landlord, or (iii) on Tenant's prorata share of all space, including the Premises, which is commonly metered within the Building. Tenant's use of electrical services or gas furnished by Landlord must not exceed, either in voltage, rated capacity, or overall load or usage, that which Landlord deems to be Building Standard. Notwithstanding the foregoing, Landlord shall have the right, at Landlord’s cost to install a separate meter or meters to measure the gas and/or electricity used by Tenant in the Premises. In the alternative to Landlord installing a separate meter for Tenant, Landlord may install one meter for the floor of the Building upon which Tenant is located or one meter for the entire Building and pro-rate Tenant’s gas and electric charges based upon the square footage of space occupied by the users of such gas and/or electric service. Presently PECO (“Electric Service Provider”) is the utility company selected by Landlord to provide electricity service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with for the Landlord and other persons during Normal Business HoursProject. Such normal elevator service, passenger or freightNotwithstanding the foregoing, if furnished permitted by law, Landlord will have the right at other times, shall be optional any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electricity service (each such company hereinafter being referred to as an (“Alternate Service Provider”) or continue to contract service from the Electric Service Provider. Tenant will cooperate with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily the Electric Service Provider and any Alternate Service Provider at all times when normal passenger elevator service and, as reasonably necessary, will allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord will not be liable or responsible for any loss, damage, or expense that Tenant sustains or incurs by reason of any failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the supply or character of the electrical energy supplied by the Electric Service Provider or any Alternate Service Provider is not providedno longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability will 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. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 7.3 The failure by Landlord to any extent to furnish, or the interruption or termination of these of, the defined services in whole or 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 will not render Landlord liable in any respect nor be construed as a an eviction (constructive eviction or otherwise) of Tenant, nor give rise to work an offset or abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should of this Lease. 7.4 If any of the equipment or machinery used in the provision of such services defined services, for any cause cease cause, ceases to function properly, Tenant will have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. 7.5 Except as otherwise expressly provided herein, Landlord shall use reasonable diligence will not be required to repair such equipment perform any maintenance on or machinerymake any repairs to the Premises.

Appears in 1 contract

Sources: Lease Agreement (Discovery Laboratories Inc /De/)

Services to be Furnished by Landlord. A. Landlord 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (53) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 these defined services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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. The Landlord shall have the roof of the Premises repaired and resealed, where necessary, in a good and workmanlike manner before November 1, 2000. In addition, the Landlord shall be responsible for all repairs for the roof not caused by Tenant throughout the term of the Lease. E. The Landlord shall warrant that all of the roof top HVAC units for the Premises shall be operational and in good working order prior to Tenant's occupancy of the Premises. However, Tenant shall maintain the HVAC units as required per this Lease.

Appears in 1 contract

Sources: Short Term Lease Agreement (Intelliready Inc /Co/)

Services to be Furnished by Landlord. A. Landlord Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: (1) Water . Hot and cold 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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 hot water heater. (2) . Central heat heat, ventilating and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for first-class office buildings of similar class, size, age and location, or as required by governmental authority; provided that such heat, ventilation and air conditioning shall in any event be installed, maintained and operated to provide heating and cooling to the standard set forth on Exhibit D-2 hereto. In the event that Tenant requires central heat, ventilation or air conditioning service at times hours other than Normal Business Hours, such additional service central heat, ventilation or air conditioning shall be furnished only upon when and as desired by Tenant, unless fire services so required cannot be activated by Tenant using the written Building's automated system, but must be activated by Landlord using the Building's central systems, in which event Tenant must deliver a request of Tenant delivered for such services (which may be by telephone or in person) to Landlord at the office of the Building prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requestedsame day. Tenant shall bear pay Landlord, as Additional Base Rental, the entire cost actual direct utility costs of additional service as such costs are determined by Landlord from time-to-timeand a reasonable charge for the extra wear and tear on Building equipment, as Additional Rent upon presentation of without a statement therefor profit to or overhead charge by Landlord. All additional heating, 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 as Additional Rent. (3) . Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for first-class office buildings of similar class, size, age and location. (4) . Janitorial services, consistent with those provided to other first class office buildings in Bellevue, Washington, Monday through Thursday and cleaning service in and about the Premises on Business DaysSunday nights; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementsservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation Base Rental. In the event the janitorial services provided to the Premises are not at or above a level comparable to those provided to comparable first class office buildings, Tenant shall so notify Landlord in writing, and if the level of services does not rise to a statement therefor by level at least comparable with those provided to other comparable first class office buildings within sixty (60) days after Landlord's receipt of such notice, Tenant may arrange for its own janitorial service for the Premises and Tenant's Basic Costs will not include a charge for such service. (5) . Passenger elevator service during and after Normal Business Hours in common with other tenants of the Building. 6. Electricity to the Premises during and after Normal Business Hours for general Tenant's office use, in accordance with and subject to the terms and conditions of Section 11. set forth in Article 14 of this Lease. (6) Fluorescent bulb replacement . Landlord warrants that the electricity and air-conditioning available in the Premises necessary to maintain building standard will be sufficient for the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in normal operation of the Common Areas and Service Areasequipment described on Exhibit F attached hereto. (7) 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 serviceshall provide, passenger or freightat Landlord's expense, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access multi-level card key security system that will control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and the garage and elevators therein. Tenant shall follow have access to and use of the Premises 24 hours a day, 7 days a week. Additional card readers may be installed in the stairwells to facilitate controlled access between Tenant's floors by way of the stairwells. Tenant shall bear the cost of any such additional card readers or other security measures. Tenant shall have the right at any time to install such other or additional security systems in or about the Premises to control access to and from the Premises, including, but not limited, camera surveillance systems, controlling and monitoring access to and from the Premises from corridors and stairwells, all regulations promulgated by Landlord with respect of which may be independent of Landlord's access control system, and Tenant shall have the right to limit and restrict card access thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees ; provided that Landlord is not warranting shall be provided a card for access in emergencies, maintenance or as otherwise permitted pursuant to this Lease. The cost of such Tenant's security system shall be Tenant's sole cost and expense. 8. Such other reasonable services as are commonly provided to tenants in comparable first class office buildings in 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 Projectarea. 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 The failure by Landlord to any extent to furnish, or the interruption or termination of these defined of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, provided that if any such interruption or termination continues for seventy-two (72) hours and was not caused by Tenant, Rent shall thereafter abat▇ ▇▇ the extent the Premises are rendered untenantable as a result thereof as Tenant's sole and exclusive remedy as a result of such interruption. 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.

Appears in 1 contract

Sources: Lease Agreement (Bsquare Corp /Wa)

Services to be Furnished by Landlord. A. (a) So long as no Event of Default exists under this Lease, Landlord agrees to furnish to Tenant the following services: (1i) Water To the extent such provision by Landlord is Building Standard, Landlord shall provide facilities for cold water at those points of supply provided for general use of other tenants 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 Building or kitchen, cold water shall be supplied, at 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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 heateras are required by governmental authorities. (2ii) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard Routine maintenance for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and locationstandard. (4iii) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and All Building Standard fluorescent and incandescent bulb bulbs and ballast replacement replacements in the Common Areas and the Service Areas. (7iv) Passenger elevator Electricity at a point of service in common with Landlord the Premises to allow Tenant to furnish sufficient electrical power for normal office machines (including electric typewriters, desk-topcomputer facilities and desk-top word processing facilities) and other persons during Normal Business Hours machines of similar electrical consumption ("Miscellaneous Power"). If Landlord determines that Tenant will require, or is consuming, Miscellaneous Power in excess of Building Standard, Tenant will be required to reimburse Landlord for the cost of any additional equipment, such as transformers, risers and freight elevator service supplemental equipment, that 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). Landlord will install separate meters to all or a portion of the Premises, at the cost of Tenant, and require all charges for the utilities separately metered to the Premises to be billed to and paid directly by Tenant. If the Premises is separately metered (without any obligation to do so except as expressly provided in common with Section 4.2(f)), Landlord will make a corresponding adjustment to Tenant's Share of Basic Operating Cost Increases (so that Tenant's Share of Basic Operating Cost Increases will include only Tenant's Share of the Landlord cost of electrical current for the Common Areas 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not providedService Areas of the Complex. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. B. 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 is required 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 these defined services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properlyhereunder are interrupted, Landlord shall will use reasonable diligence to repair restore the services promptly, but Tenant will have no claim for rebate of Rent, damages (including damages for business interruption) or eviction on account thereof. Notwithstanding the foregoing, subject to Section 9.3 (Casualty) and Section 10.1 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 7.1 for any period exceeding 5 consecutive business days (excluding Normal Business Holidays) after the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such equipment service, or machinery(ii) the date on which Landlord first acquired actual knowledge of the interruption of such service (the "Interruption Notice Date") then so long as such failure is not caused by Tenant or any Tenant-Related Party, Landlord will allow Tenant an equitable abatement of Rent (based on the severity of the interruption and the amount of space unfit for occupancy) effective from the sixth business day (excluding Normal Business Holidays) following the Interruption Notice Date and ending on the day such portion of the Premises is again fit for occupancy and such service is restored.

Appears in 1 contract

Sources: Lease Agreement (OxySure Systems Inc)

Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant the following services: (1a) Water Unheated water at those points of supply for use in drinking and lavatory purposes at the lavatories on the floor(sBuilding; (b) 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 Tenant’s sole cost Routine maintenance 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 the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible electric lighting service for the maintenance and repair of any such water heater. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location.standard; (4c) Janitorial Facilities to provide all electrical current required for general office use and cleaning service in and about occupancy of the Premises on Business Days; providedPremises, however, if but not the cost of the electrical current. Tenant’s floor covering usage of electrical current for the Premises, including, without limitation for HVAC, shall be separately metered or other improvements require special treatment submetered at Tenant’s expense and paid by Tenant. At the option of Landlord, all such charges shall be either: (i) paid by Tenant requests directly to the provider thereof prior to delinquency; or (i i) paid by Tenant to Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord.promptly after being invoiced therefor; (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6d) Fluorescent and incandescent 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.; (7e) Passenger elevator service in common with other Building tenants from existing elevators for ingress to and egress from the Premises; (f) Storm shutters for Tenant’s storefront but Tenant shall be responsible for the installation, care and maintenance of such storm shutters and shall install them, when appropriate, promptly upon issuance of a storm warning by the local governing authorities; (g) Landlord shall have no obligation to provide any security for the Property, the Premises and/or Tenant’s business. Tenant agrees that it shall provide and other persons during Normal Business Hours and freight elevator be solely responsible for its own security, at Tenant’s expense for the operation of Tenant’s business. Landlord will not be providing any alarm system for individual tenant premises. Should Tenant wish to install a central service in common alarm system, Tenant shall register the same with the City of Ft. Lauderdale. Landlord and shall have no liability to Tenant, its employees, agents, invitees, or licensees for losses due to theft or burglary, or for damages done by unauthorized persons in the Premises or the Complex or for any injury, trauma or other persons during Normal Business Hoursharm to any person. Such normal elevator service, passenger or freight, if furnished at other times, Landlord shall not be required to insure against any such losses. Tenant shall be optional with responsible for all repairs and replacements of damage and/or destruction of the Premises necessitated by burglary or attempted burglary, or any other illegal or forcible entry into the Premises. Notwithstanding the foregoing, Landlord may, at its option, adopt and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control security services for the Complex from time to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriatetime. Tenant shall cooperate fully in Landlord’s any efforts of Landlord to maintain access control to security in the Building Complex and shall follow all rules and regulations promulgated by Landlord. Any security services that are voluntarily undertaken by Landlord may be changed or discontinued from time to time in Landlord’s sole and absolute discretion, without liability to Tenant, its employees, agents, customers and invitees. Tenant waives any claims it may have against Land lord arising out of any security services provided by Landlord, or the inadequacy or absence thereof, specifically including Landlord’s negligence 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 providing or equipment and that Tenant is not relying and shall not hereafter rely on any failure to provide 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. 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 The failure by Landlord to any extent to furnish, or the interruption or termination of these defined services services, in whole or 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 Landlord, shall not render Landlord liable in any respect nor be construed as a constructive eviction an evict ion of Tenant, nor give rise to work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereofin this Lease. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord Tenant shall use reasonable diligence have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, nor shall any other charges or compensation be claimed by or allowed to repair such equipment Tenant, or machineryany persons claiming under Tenant, under any circumstances, whether for inconvenience, discomfort, interruption of business or arising from any other cause or reason.

Appears in 1 contract

Sources: Lease Agreement (Diversified Health & Fitness Inc)

Services to be Furnished by Landlord. A. Landlord 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 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant PremisesoTenant shall be solely responsible for the maintenance and repair of any such water heater. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. The after hour cost of HVAC is currently $60 per three (3) hour block for the Premises. . All additional heating, 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, not to be unreasonably withheld . The cost of operation and maintenance of the such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s 's floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementstreatment, 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 or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. Janitorial services are provided at the end of the Business Day after Normal Business hours.Window washing is done annually. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s 's efforts to maintain access control to the Building and shall follow all reasonable 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. Key cards will be provided based on tenant’s head count. Landlord will provide the intial cards with replacement cards at Tenant’s cost (currently $12 per card). 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 these defined services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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 machinerymachinery Notwithstanding the above, if any of the services described above or elsewhere in this Lease are interrupted, Landlord shall use reasonable diligence to promptly restore the same; provided, however, if as a result of any interruption of services caused soley by Landlord’s failure to maintain the property, and the entire Premises will be uninhabitable or unusable by Tenant for five (5) consecutive business days, then Base Rent and Additional Rent shall be abated to the extent to which such condition interferes with Tenant’s use of the Premises commencing on the first day of such condition and continuing until such condition is corrected. If such interruption of services is not caused by Landlord’s failure to maintain the property, there shall be no Base Rent and Additional Rent abatement. However, neither the interruption nor cessation of such services, nor the failure of Landlord to restore same, shall render Landlord liable for damages to person or property, or be construed as an eviction of Tenant, or work an abatement of Rent or relieve Tenant from fulfilling any of its other obligations hereunder.

Appears in 1 contract

Sources: Office Lease (Great Basin Scientific, Inc.)

Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant the following services, provided the increased costs of such services over costs for such services during the Base Year shall be paid by Tenant as Additional Rent: (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 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance by way of the date for which such usage is requestedexisting automated telephonic system. Tenant shall bear the entire cost of additional service at Landlord’s actual cost for such additional service, without profit to Landlord, as such actual costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 Landlord’s actual cost of operation and maintenance of the operating or maintaining any such additional equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for Class A office buildings of similar class, age and location. Landlord shall service and maintain in good repair, the roof, foundations, and footings of the Building, the exterior surfaces of the exterior walls of the Building, all exterior glass, sky lights, sky light seals, window seals and vents of the Building, electrical, plumbing, sewer and other utility lines outside the Premises, landscaping, walkways, fencing, parking areas, exterior lighting and exterior surfaces of exterior walls of the Building, and washing of exterior windows, and the structural, electrical and mechanical systems of the Building. (4) Janitorial Basic 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementstreatment, 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 or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. 11 of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Subject to factors beyond Landlord’s control and to the other provisions of this Lease, including without limitation, Paragraphs 17, 18, 26 and 34D, Tenant shall have access to the Premises and entry access to the Building twenty-four (24) hours per day, seven (7) days per week year-round. Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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 personnelNOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY ACCESS PERSONNEL, serviceSERVICE, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel servicePROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL SERVICE, procedures or equipmentPROCEDURES OR EQUIPMENT. Landlord shall not be responsible or liable in any manner for failure of any access personnelLANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY ACCESS PERSONNEL, servicesSERVICES, procedures or equipment to preventPROCEDURES OR EQUIPMENT TO PREVENT, controlCONTROL, or apprehend anyone suspected of causing personal injury or damage inOR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, on or around the ProjectON OR AROUND THE PROJECT. 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. 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 Landlord a ten percent (10%) administration fee for the provisions of such services. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or 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 Landlord, including, without limitation, the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; and (v) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control, including, without limitation, any utility service provider initiated “b▇▇▇▇-out” or “black-out”, shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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. Notwithstanding the foregoing, if as a result of the actions of Landlord, its authorized agents or employees, there is no HVAC or electricity services to all or a portion of the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that all or a portion of the Premises cannot be used by Tenant for more than three (3) consecutive Business Days, or more than ten (10) Business Days in any ninety (90) day period, then following written notice to Landlord, Base Rent (or an equitable portion of such Base Rent to the extent that less than all of the Premises are affected) shall thereafter be abated until the Premises are again usable by Tenant; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant’s purposes, as for example, bringing in portable air conditioning equipment, then there shall not be an abatement of Base Rent. The foregoing provisions shall not apply in case of damage to, or destruction of, the Premises, which shall be governed by the provisions of Section 18 of this Lease.

Appears in 1 contract

Sources: Office Lease Agreement (Epicor Software Corp)

Services to be Furnished by Landlord. A. Landlord agrees to shall furnish ------------------------------------ Tenant while occupying the Premises the following servicesservices on all days except as otherwise stated: (1a) Water Water, including cold water from mains for use humidification, break rooms, drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord, or by Tenant with Landlord's written consent, and not water for lavatory and break room purposes from the regular Building supply at the prevailing temperature. Tenant shall pay Landlord at rates fixed by Landlord, which such rates shall be reasonable, and shall not exceed the rates charged by a similar class of office buildings in Little Rock for water furnished for any other purposes. Tenant shall not waste or permit the lavatories on the floor(s) on which the Premises is locatedwaste of water. If Tenant desires water fails to promptly pay Landlord's proper charge for water, Landlord, upon not less than ten days' notice, may discontinue furnishing that service and no such discontinuance shall be deemed an eviction or disturbance of Tenant's use of the Premises or render Landlord liable for damages or relieve Tenant from any obligation. (b) Heating and air condition (cooling), when necessary in Landlord's judgment for normal comfort (75 (degrees), 65 (degrees) F) in the Premises from 7:00 a.m. to 6:00 p.m., Monday through Friday and on Saturdays which are not holidays from 8:00 a.m. to 1:00 p.m. Landlord shall furnish Tenant with heating and air conditioning (cooling) when necessary for any approved reasonnormal comfort in the Premises at times other than set forth in the immediately preceding sentence pursuant to the terms and conditions of the Building rules and regulations. Wherever heat generating machines or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system. Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost of installation, including a private lavatory or kitchen, cold water operation and maintenance thereof shall be supplied, paid by Tenant to Landlord at Tenant’s sole cost reasonable rates. (c) Electrical current for standard Building lighting fixtures provided by Landlord and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense electrical outlets fro office equipment for ordinary purposes connected with the prior reasonable consent aforesaid use of Landlordthe Premises. If It is understood that services furnished under Section 2.2(b) and 2.2(c) are Building standards, and all other electrical consumption by Tenant desires hot water in the PremisesPremises including consumption for lighting fixtures, Tenantoffice equipment, air conditioning or heating beyond normal Building standards or Building hours shall be paid for by Tenant to Landlord at its sole cost and expense and subject a rate fixed by Landlord which shall be at least equal to the prior reasonable consent of Landlord, may install a hot water heater rate charged to Landlord by the utility company providing the electricity. (d) Nightly housekeeping and janitor service Monday through Friday in and about the Premises. Tenant shall be solely responsible for not provide any janitor services without Landlord's prior written consent, and then, only subject to the maintenance supervision of Landlord and repair of any such water heaterat Tenant's sole expense and responsibility and by a janitor contractor or employee at all times satisfactory to Landlord. (2e) Central heat Electrical lighting services and heating and air conditioning in season during Normal Business Hours, at such temperatures for all public areas and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning special service at times other than 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 Business Day in advance areas of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas Building in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and locationstandard. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) 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. (7f) Passenger and freight elevator service in common with Landlord and other persons during Normal Business Hours tenants, from 7:00 a.m. to 6:00 p.m., Monday through Friday, and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Saturday from 8:00 a.m. to 1:00 p.m. Such normal elevator service, passenger or freight, if furnished at t other times, shall be deemed optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited adequate passenger and freight elevator service daily at all times when normal passenger elevator and freight service is not provided. (8) Access control to the Building during other than Normal Business Hours furnished. Automatic elevator service shall be provided in such deemed "elevator service" within the meaning of this paragraph. Landlord does not warrant that any service will be free form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control to the Building and shall follow all regulations promulgated interruptions caused by Landlord with respect thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy repairs, renewals, improvements, changes of any access personnel, service, procedures alterations, strikes, lockouts, labor controversies, civil commotion, riot, accidents, inability to obtain electrical power, fuel, steam, water, supplies or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures labor 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. 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 these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes cause beyond the reasonable control of Landlord Landlord. No such interruption of service shall not be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable in any respect nor be construed as a constructive eviction to Tenant for damages, by abatement of rent or otherwise, or relive Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for interruption or stoppage of service. In the event that by agreement with Tenant, nor give rise Landlord furnishes extra or additional services to an abatement of Rentbe paid for by Tenant, nor relieve a failure to pay for such services within five (5) days after notice to Tenant from the obligation shall authorize Landlord. In Landlord's discretion and without further notice, to fulfill immediately discontinue such services and terminate any covenant agreement for such services. Any additional service charges paid by Tenant to Landlord for extra or agreement hereof. Should any of the equipment or machinery used additional services pursuant to this Section 2.2 shall be subject to adjustment in the provision of such services same manner as the rental as provided for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machineryin Section 1.4 hereof.

Appears in 1 contract

Sources: Lease Agreement (Master Graphics Inc)

Services to be Furnished by Landlord. A. Landlord Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: (1) Water . Hot and cold water for use in the lavatories on the floor(s) floor on which the Premises is located, with hot water provided during normal Business Hours only. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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 hot water heater. (2) . Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered is not furnished by Landlord. Should Landlord be requested to provide central heat and air conditioning, in its reasonable judgmentall costs, to be standard for buildings of similar classincluding, sizebut not limited to, age and locationinstallation, or as required by governmental authority. In the event that Tenant requires central heatrepair, ventilation or air conditioning service at times other than Normal Business Hoursmaintenance, such additional service utilities (i.e. gas, water, electricity) shall be furnished only upon at Tenant's sole expense. If Tenant desires to utilize the written request of Tenant delivered base building HVAC System and/or the 24-hour cooling system central plants, all services, including, but not limited to repair, maintenance, utilities or installation shall be metered and/or calculated by Landlord to identify the costs associated with such service for reimbursement to Landlord, together with a reasonable and customary overhead charge and fee to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service or its agent as such costs are reasonably determined by Landlord from time to time-to-time, as Additional Rent upon presentation . Temperatures and hours of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design operation within the Premises shall be installed at Tenant's discretion. Temperatures and hours of operation within the building core/public space shall be at the building standard temperatures and hours. At the option of Tenant’s expense subject to Landlord’s prior written approval. The cost , maintenance and/or repair of operation and maintenance of the Tenant's special equipment by Landlord shall be the responsibility of the Tenant and paid available at a reasonable fee to be determined by Landlord as Additional Rentupon request. (3) . Maintenance and repair of the roof and exterior walls of the Building, and all Common Areas (inclusive of structural elements thereof) in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. However, in no event shall Landlord be obligated to make any repairs or maintenance caused by reason of any of Tenant's equipment or other installations installed, placed or located on the roof, or to any exterior wall or structural element caused by any act or omission of Tenant or any agent, employee or contractor of Tenant. 4. Tenant shall furnish at its sole cost and expense janitor service (4char and cleaning) Janitorial and cleaning service in and about for the Premises on Business Days; providedfrom its own service contractor, howeveror at Tenant's option from Landlord's contractor. Landlord shall retain the right to approve the particular service contractor, if Tenant’s floor covering which approval shall not be unreasonably withheld, conditioned or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlorddelayed. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) 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. (7) Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with tenants of 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not providedBuilding. (8) Access control to the Building during other than Normal Business Hours shall be provided in 6. Existing 500 AMP service at Landlord's electrical vault, with Tenant responsible for all consumption and hook-up charges for such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 The failure by Landlord to any extent to furnish, or the interruption or termination of these defined of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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. Notwithstanding the foregoing, in the event the Premises shall be without electricity (i.e. there shall be no power within the Premises) by reason of matters within the control of Landlord for more than fifteen (15) consecutive days, and if as a result thereof Tenant shall suspend using the Premises for the conduct of its business operations, then and in such event as the sole and exclusive remedy available to Tenant, Landlord agrees to abat▇ ▇▇▇e Rental and Additional Base Rental for the period of time during which such failure shall continue. C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide a lobby attendant or security services, Landlord shall not be deemed to have warranted the efficiency of any lobby attendant, 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 anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.

Appears in 1 contract

Sources: Office Lease Agreement (Universal Access Inc)

Services to be Furnished by Landlord. A. Landlord 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 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are reasonably determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementstreatment, 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 or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. 11 of this Lease. (6) 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. (7) Passenger elevator service in common with Landlord and other persons during Normal Business Hours available 24 hours per day, 7 days per week including holidays 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 these defined services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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.

Appears in 1 contract

Sources: Office Lease (Wageworks, Inc.)

Services to be Furnished by Landlord. A. Landlord 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are BASED UPON LANDLORD'S ACTUAL EXPENSES (INCLUDING DEPRECIATION OF EQUIPMENT), WITHOUT MARKUP CURRENTLY SET AT $65.00 PER ADDITIONAL HOUR, WITH A FOUR (4) HOUR MINIMUM. SUCH HOURLY CHARGE SHALL BE REASONABLY RESET OR determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s 's design shall be installed at the Tenant’s 's expense subject to Landlord’s 's prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 these defined services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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.the

Appears in 1 contract

Sources: Office Lease (Integrated Information Systems Inc)

Services to be Furnished by Landlord. A. Landlord 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 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 Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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. (2) Central heat and air conditioning in season during Normal Business Building Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than Normal Business Building Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 12:00 p.m. at least 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 costs are reasonably determined by Landlord from time-to-time, as Additional Rent, payable on the same day as the next monthly installment of Base Rent upon is due, following presentation of a statement therefor by Landlord. All additional heating, 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, which approval shall not be unreasonably withheld, delayed or conditioned. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementstreatment, Tenant shall pay the reasonable additional cleaning cost attributable thereto as Additional Rent, payable on the same day as the next monthly installment of Base Rent upon is due, following presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. 11 of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as reasonably established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Common Areas and Service Areas. (7) Passenger elevator service in common with Landlord and other persons during Normal Business Building Hours and freight elevator service in common with the Landlord and other persons during Normal Business Building 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Building Hours shall be provided in such form as Landlord reasonably deems appropriate. Tenant shall cooperate fully in Landlord’s reasonable efforts to maintain access control to the Building and shall follow all reasonable 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 ProjectProperty. 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. If any utility or other service described in this Section 7 is interrupted, Tenant will promptly notify Landlord in writing. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or 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 part shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof; provided, however, that if (a) any utility or other service described in this Section 7 is discontinued or interrupted and (b) such discontinuance or interruption is within Landlord’s reasonable control, and (c) such discontinuance or interruption continues for at least 10 consecutive business days and renders all or a material portion of the Premises untenantable or inaccessible for such period such that Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption, Landlord will equitably ▇▇▇▇▇ Tenant’s obligation to pay Base Rent and Tenant’s Prorate Share of Basic Costs beginning on the 11th business day after the later of (1) the first day of such interruption and (it) the date of Landlord’s receipt of Tenant’s notice thereof, and ending on the date on which such service is substantially restored. 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 promptly repair such equipment or machinery.

Appears in 1 contract

Sources: Office Lease (Alfacell Corp)

Services to be Furnished by Landlord. A. Landlord agrees to shall furnish Tenant the following services: : (1i) Water for use in heating and air conditioning to the lavatories on the floor(s) on which point of entry to the Premises is located. If Tenant desires during Normal Business Hours to provide a temperature condition required, in Landlord's reasonable judgment, for comfortable occupancy of the Premises under normal business operations; (ii) water for drinking, and, subject to Landlord's approval, water at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) janitorial service in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) 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 and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5iv) Electricity electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. 10 of this Lease. ; (6v) 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. (7) Passenger passenger elevator service in common with Landlord and other persons during Normal Business Hours service, 24 hours a day, 7 days a week; and freight elevator service in common with on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord; and (vi) snow and ice removal from the Landlord and other persons during Normal Common Areas on 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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 ProjectDays. B. If Tenant requests any other utilities or building services in addition to those identified abovein Section 6A, 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 servicesservices requested by Tenant, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. After hours HVAC service shall be available to the Premises. Landlord reserves the right to charge for after hours HVAC service upon giving written notice to Tenant during the Term. ▇▇▇▇▇▇▇▇’s current charge for after hours HVAC service is $85 per hour, subject to increase. Tenant shall give Landlord notice no later than noon (12:00 p.m.) on any Business Day on which Tenant requires after hours HVAC, and no later than noon (12:00 p.m.) on any day prior to a weekend and/or holiday for which Tenant requires after hours HVAC. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a an actual or constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. D. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service in the Building for a period in excess of seven (7) consecutive Business Days after Tenant notifies Landlord of such cessation; (ii) such cessation does not arise as a result of any willful misconduct or negligent act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 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 any material portion thereof, is rendered untenantable and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, in addition to all other rights and remedies available to Tenant as a result of such cessation of services, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the eighth (8th) consecutive Business Day of such cessation and ending on the day when the service in question has been restored. Should any 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 equipment or machinery Premises so rendered untenantable and not used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machineryby Tenant.

Appears in 1 contract

Sources: Office Lease (Monro, Inc.)

Services to be Furnished by Landlord. A. Landlord 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 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 Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and 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. (2) Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times other than 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 Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, age and location. (4) Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s 's floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementstreatment, 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 or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s 's efforts to 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. 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 these defined services in whole or 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 nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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.

Appears in 1 contract

Sources: Office Lease

Services to be Furnished by Landlord. A. Landlord 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 Tenant’s 's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s '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 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 hot water heater. (2) . Central heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant requires central heat, ventilation or air conditioning service at times hours other than Normal Business Hours, such additional service 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. P.M. at least 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 costs are determined by Landlord from time to time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, 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 as Additional Rent. (3) . Maintenance and repair of all Common Areas in the manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and location. (4) Janitorial and cleaning . Janitor service in and about the Premises on Business Days; provided, however, if Tenant’s 's use, floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvementsservices, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Rent upon presentation of a statement therefor by LandlordBase Rental. (5) . Passenger elevator service in common with other tenants of the Building. 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. set forth in Article XI of this Lease. (6) 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. (7) 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. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building during other than Normal Business Hours shall be provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in Landlord’s efforts to 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. 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 The failure by Landlord to any extent to furnish, or the interruption or termination of these defined of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements improvements, alterations or any causes beyond the reasonable control of Landlord shall not render fender Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. 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 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 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

Sources: Office Lease (Symbion Inc/Tn)