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

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: 1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at 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 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 at hours other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or shall be furnished 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 pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time (as of the date of this Lease, Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may be subject to change from time to time to reflect changes in Landlord's direct or indirect costs of providing such service). 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. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such other reasonably comparable specifications designated, from time to time, by Landlord; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base 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 set forth in Article XI of this Lease. 7. The failure by Landlord to any extent to furnish, or the interruption or termination 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. B. 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 2 contracts

Sources: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: 1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at 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 shall install a hot water heater in the Premises. Tenant shall be solely responsible for 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, appropriate to maintain the standards reflected on the HVAC specifications reflected in its reasonable judgment, to be standard the "Mechanical System for buildings Building" portion of similar class, size, age and locationEXHIBIT D-1 attached hereto, or as required by governmental authority. In the event that If Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or shall be furnished only upon the oral request of an authorized representative of Tenant (i.e. pre-authorized by Tenant in writing) or the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 12:00 P.M. at least one on the date excess usage is required if such date is a Business Day, or (ii) 12:00 P.M. on the immediately preceding Business Day in advance of the date for which if such excess usage is requesteddesired on a Saturday, Sunday or Holiday. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time (as time. As of the date of this Leasehereof, Landlord's cost charge for such after hours heating and air conditioning service is $60.00 30.00 per hour (or fractional hour), which charge may be subject to change from time to time to reflect changes in Landlord's direct or indirect costs of providing such service). 3. Maintenance and repair of all Common Areas in the a first class manner and to the extent reasonably deemed by Landlord to be standard for buildings of similar class, size, age and locationlocation in the Buckhead area of Atlanta, Georgia. 4. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such other reasonably comparable specifications designated, from time to time, by LandlordDays; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental. 5. Passenger elevator service in common with other tenants of the Building, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing the Premises shall be available for the use of Tenant, twenty-four (24) hours a day, 365/6 days per year. 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease. 7. The Access to the Building for Tenant and its employees 24-hours a day, seven (7) days a week, subject to the terms of this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign in procedures and/or presentation of identification cards. 8. Security to the Building consistent with a first-class office building in the Buckhead area in Atlanta, Georgia, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system. B. Landlord's failure by Landlord to any extent to furnish, or the any interruption or termination of, services due to the application of Laws (defined in Section I.B.12 above), the failure of any services in whole or in partequipment, resulting from adherence to laws, regulations and administrative orders, wear, use, the performance of repairs, improvementsimprovements or alterations, alterations or the occurrence of any causes event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable in any respect nor be construed as to Tenant, constitute 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 hereofagreement. Should any However, if the Premises, or a material portion of the equipment or machinery Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machineryby Tenant. B. 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 2 contracts

Sources: Standard Form Office Lease (Viewlocity Inc), Office Lease (Viewlocity Inc)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), Standard Services Landlord agrees to furnish Tenant the following services: (1. ) Water for use in the lavatories on the floor(s) on which the Premises is locatedlocated and to any fixtures located therein. If Tenant desires additional water in the Premises for any approved reason, approved in writing by the Landlord, including any fixtures installed therein, e.g., a private lavatory or kitchen, except for the Initial Tenant Improvements as provided in Section 38, below, cold water shall be supplied, at Tenant's sole cost and expense, supplied from the Building water main through a line and fixtures installed fixtures, at Tenant's ’s sole cost and expense expense, with the prior reasonable consent of Landlord. If Except for the Initial Tenant Improvements being provided to the Initial Area by Landlord pursuant to Section 38, below, if Tenant desires additional hot water fixtures in the PremisesPremises beyond those installed as of the Commencement Date, Tenant, at its sole cost and expense expense, and subject to the prior reasonable consent of the Landlord, may install a an additional hot water heater in the Premises. Tenant shall be solely responsible for the maintenance and repair of any such all hot water heaterheaters located in the Premises. (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 hours times other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or additional service 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 pay Landlord, as Additional Base Rental, bear the entire cost of such additional service as such costs are determined by Landlord the Landlord, from time 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 time (as accommodate Tenant’s design, and/or any special needs of the date of this Lease, Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may Tenant shall be installed at the Tenant’s expense subject to change from time Landlord’s prior written approval in accordance with the provisions of Section 10, below. The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to time to reflect changes in Landlord's direct or indirect costs of providing such service)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. Janitor ) Janitorial and cleaning service in and about the Premises on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such other reasonably comparable specifications designated, from time to time, by LandlordDays; provided, however, if Tenant's use, ’s floor covering or other improvements require special servicestreatment, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Base RentalRent 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. Tenant shall be responsible for thoroughly cleaning any cooking and service areas of the Premises, on a daily basis. (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 set forth in Article XI of Section 11 of this Lease. 7. The failure (6) Fluorescent bulb and ballast replacement in the Premises necessary to maintain Building Standard in the lighting as established by Landlord to any extent to furnish, or the interruption or termination 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 fluorescent and incandescent bulb and ballast replacement in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machineryCommon Areas and Service Areas. B. (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. (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. Landlord agrees to allow access to the Building on a 24-hour per day, seven (7) days a week basis by use of a security card access system that Tenant will be allowed to utilize. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that if Landlord, from time to time, elects to provide security services, Landlord shall is not be deemed to have warranted warranting the efficiency efficacy of any security 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 the failure of any such security access personnel, services, procedures or equipment to prevent or prevent, control, or apprehend anyone suspected of causing personal injury, property injury or damage or any criminal conduct in, on or around the PropertyBuilding or the Premises. B. Excess Services 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.

Appears in 1 contract

Sources: Office Lease Agreement (Mammoth Energy Services, Inc.)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: 1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at 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 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 at hours other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or shall be furnished upon the to Tenant via Tenant’s utilizing dial in phone system. If Tenant requests Landlord to program for after hours use, then Tenant shall provide 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 pay Landlord, as Additional Base Rental, the entire cost of additional service service, currently $25.00 per hour, and as such costs are determined by Landlord from time to time (as of the date of this Lease, Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may be subject to change from time to time to reflect changes in Landlord's direct or indirect costs of providing such service)time. 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. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such other reasonably comparable specifications designated, from time to time, by LandlordDays; provided, however, if Tenant's ’s use, floor covering or other improvements improvements, require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base 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 set forth in Article XI of this Lease. 7. a) The failure by Landlord to any extent to furnish, or the interruption or termination 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. B. b) 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, control or apprehend anyone suspected of personal injury, injury property damage or any criminal conduct in, on or around the Property.

Appears in 1 contract

Sources: Office Lease Agreement (Correctional Services Corp)

Services to be Furnished by Landlord. A. 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 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 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. In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or shall be furnished only upon the written request of Tenant (which may be by telephone or in person) delivered to Landlord at the office of the Building prior to 3:00 P.M. at least one Business Day in advance p.m. of the date for which such usage is requestedsame day. Tenant shall pay Landlord, as Additional Base Rental, the entire cost actual direct utility costs of additional service as and a reasonable charge for the extra wear and tear on Building equipment, provided such costs are determined by Landlord from time to time charge shall not exceed fifteen percent (as 15%) of the date of this Lease, Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may be subject to change from time to time to reflect changes in Landlord's actual direct or indirect utility costs of providing such additional service). 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. Janitor service on Business Days Janitorial services, consistent with those provided to other first class office buildings in accordance with the cleaning specifications attached hereto as Exhibit GBellevue, or such other reasonably comparable specifications designatedWashington, from time to time, by LandlordMonday through Friday nights; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental. Landlord shall attempt to have such janitorial services provided between 6:00 p.m. and 10:00 p.m. Landlord shall also use its commercially reasonable best efforts to implement a recycling program. 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 set forth in Article XI 14 of this Lease. 7. Landlord shall provide, at Landlord's expense, a multi-level card key security system that will control access to the Building and the garage and elevators therein. Tenant shall have access to 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. B. The failure by Landlord to any extent to furnish, or the interruption or termination 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, provided that if any such interruption or termination continues for seventy-two (72) hours, Rent shall thereafter ▇▇▇▇▇ to the extent the Premises are rendered untenantable as a result thereof. 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. B. 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. D. Landlord shall engage ▇▇▇▇▇▇ Runstad Associates Limited Partnership as the manager of the Building for at least two (2) years after the Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (Onyx Software Corp/Wa)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), Landlord agrees to furnish Tenant the following services, all in a manner consistent with buildings of similar class, size, age and location, or as required by governmental authorities: (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 hours times other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or additional service 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 pay Landlord, as Additional Base Rental, bear the entire actual cost of additional service as such costs are determined by Landlord from time-to-time without profit to time Landlord, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (as 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 date equipment shall be the responsibility of this Lease, Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may be subject the Tenant and paid to change from time to time to reflect changes in Landlord's direct or indirect costs of providing such service)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 locationAreas. (4. Janitor ) Janitorial and cleaning service in and about the Premises on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such other reasonably comparable specifications designated, from time to time, by LandlordDays; provided, however, if Tenant's use, ’s floor covering or other improvements require special servicestreatment, Tenant shall pay the additional cleaning cost reasonably attributable thereto as Additional Base RentalRent 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. 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 set forth in Article XI 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. The 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 the actual cost of such additional utilities or building services, without profit to Landlord, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of, any 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 RentRent (except as set forth below), 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. B. Tenant expressly acknowledges . Notwithstanding the foregoing, Landlord hereby agrees that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed fail to have warranted furnish any of 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 controlservices provided herein, or apprehend anyone suspected if the same shall be interrupted or terminated for a period of personal injuryseventy two (72) consecutive hours, property damage or Tenant shall be entitled to a reasonable abatement of Rent for any criminal conduct in, on or around portion of the PropertyPremises which is not usable by Tenant as a result of such lack of services.

Appears in 1 contract

Sources: Office Lease Agreement (Quest Resource Corp)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (except as otherwise provided), agrees to furnish Tenant the following services: 1. Water for use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at 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 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 at hours other than Normal Business Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or 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 pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time time, Landlord acknowledges that Tenant will operate its business and use the Premises 24 hours per day up to seven (as 7) days per week. Provided that Landlord first approves Tenant's plans and specifications therefor pursuant to and in accordance with Article X.B hereof, Tenant shall have the right to install, at Tenant's sole cost and expense, a supplemental HVAC system which Tenant intends to use after Normal Business Hours. Tenant shall, at Tenant's sole cost and expense, be responsible for the repair, maintenance and operating expenses of the date of this Lease, Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may be subject to change from time to time to reflect changes in Landlord's direct or indirect costs of providing such service)supplemental HVAC system. 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. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such other reasonably comparable specifications designated, from time to time, by LandlordDays; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base 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 set forth in Article XI of this Lease. 7. B. The failure by Landlord to any extent to furnish, or the interruption or termination 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. B. 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.

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Sources: Office Lease (Merrill Corp)