Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services: (1) Hot and cold water service for use in the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours in accordance with the specifications attached hereto as EXHIBIT F or as otherwise required by governmental authority, provided that Landlord shall not be liable for any failure to maintain the temperature ranges set forth in EXHIBIT F to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering in the Premises closed during appropriate times when such portions of the Premises are exposed to direct sunlight, it being agreed that Landlord and Tenant shall work cooperatively with one another regarding a reasonable determination as to when such window coverings should be closed. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $46.50 per hour for the first floor (or portion thereof) requested by Tenant, and $16.50 per hour for each additional floor (or portion thereof) requested by Tenant; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as EXHIBIT G, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant's use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; (7) Security to the Building, 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; (8) Replacement of Building standard fluorescent light bulbs/tubes in Building standard light fixtures within the Premises; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord's failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the 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 by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing, if a Service Failure (a) continues for 60 consecutive days after the Service Failure; and (b) is not being diligently remedied by Landlord, Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after the expiration of said 60 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the service, Tenant shall not be
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services:
(1) 8.1 Hot and cold water service at those points of supply provided for general use of other tenants in the lavatories on each floor on which Building.
8.2 Except with regard to any HVAC system or unit that exclusively serves the Premises are located; (2) Heat or any portion thereof), which shall be Tenant’s responsibility pursuant to Paragraph 11.2 herein, Landlord shall furnish central heat and air conditioning in season sufficient for the comfortable occupancy of the Premises. Central heating and air conditioning service at times other than during Normal Business Hours shall be available to Tenant; provided, however, Tenant shall bear Landlord’s actual cost (as Additional Rent) of such additional heating and air conditioning used by Tenant at times other than Normal Business Hours in accordance with excess of 40 hours during each lease year during the specifications attached hereto as EXHIBIT F or as otherwise required term hereof within thirty (30) days following demand by governmental authorityLandlord, provided further that Landlord such cost shall not exceed the sum of $35.00 per hour. If heat-generating machines or equipment shall be liable for any failure to maintain the temperature ranges set forth in EXHIBIT F to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering used in the Premises closed during appropriate times when such portions of by Tenant which affect the Premises are exposed to direct sunlighttemperature otherwise maintained by the Building HVAC system, it being agreed that Landlord and Tenant shall work cooperatively with one another regarding a reasonable determination as to when such window coverings should be closed. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right (at Landlord’s option) to receive install (or to require Tenant to install) one or more HVAC systems or units that exclusively serve the Premises (or the portion thereof where such heat-generating machines or equipment are located). As set forth in Paragraph 11.2 herein, the cost of any such separate HVAC systems or units that exclusively serve the Premises, including the cost of installation and the cost of operation and maintenance thereof, shall be borne by Tenant.
8.3 Electrical service to serve the Common Areas and the Premises. Landlord has informed Tenant that Progress Energy will be the utility company selected by Landlord to provide electrical service to the Building and the Building Exterior Common Areas. Notwithstanding the foregoing, if permitted by applicable law, Landlord shall have the right at any time and from time to time during hours other than Normal Business Hoursthe Lease Term to either contract for electrical service from a different company or companies in the business of providing electrical service or continue to contract for electrical service from Progress Energy. Tenant shall pay cooperate with Landlord and the standard charge for the additional electrical service as reasonably determined provider selected by Landlord from time to time. As , as reasonably necessary, to grant Landlord and such selected electrical service provider access to any of the date hereofBuilding’s electric lines, Landlord's charge feeders, risers, wiring and related and associated equipment that are located within, or accessible from, the Premises.
8.4 Routine maintenance and electric lighting service for after hours heating all Common Areas of the Building in the manner and air conditioning service is $46.50 per hour for to the first floor (or portion thereof) requested extent deemed by Landlord to be standard.
8.5 Tenant, its employees, and its invitees who have been registered with Landlord shall have access to the Premises (including elevator service) by a code or card access system seven (7) days a week, twenty-four (24) hours a day. Tenant shall receive an allotment, for all of its employees and for its invitees who are registered with Landlord, of up to twelve (12) access cards and one (1) access code (the “Access Card Allotment”). Landlord shall bear the cost of each such code or card up to the Access Card Allotment, provided Tenant shall pay to Landlord (as Additional Rent, within thirty (30) days after Tenant receives an invoice therefor) Ten and No/100 Dollars ($16.50 per hour 10.00) for each additional floor access code or card (including replacement codes or portion thereofcards) requested by Tenant; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as EXHIBIT G, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant's use, floor covering or other improvements require special services in excess of the standard services Access Card Allotment which is issued to Tenant during the Lease Term. Landlord, however, 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 on the BuildingPremises, and Landlord shall not be required to insure against any such losses. Tenant shall pay cooperate fully with Landlord’s efforts to maintain controlled access to and in the additional cost attributable to the special services; Building during times other than Normal Business Hours and shall follow all regulations promulgated by Landlord with respect thereto.
8.6 Landlord shall, as part of Landlord’s Construction Obligations (5) Elevator service; (6) Electricity to as set forth in Exhibit C hereto, supply the Premises for general office use, in accordance with and subject access to the terms and conditions in Article X; (7) Security cable television. The failure by Landlord to the Building, 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; (8) Replacement of Building standard fluorescent light bulbs/tubes in Building standard light fixtures within the Premises; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property.
B. Landlord's failure extent to furnish, or any the interruption or termination ofof these defined services in whole or in part, services due to the application of Laws, the failure of resulting from any equipment, the performance of repairs, improvements Force Majeure Matters or alterations, or the occurrence of from any event or cause other causes beyond the reasonable control of Landlord (a "Service Failure") shall not (i) render Landlord liable to Tenantin any respect, constitute a constructive (ii) be construed as an eviction of Tenant, give rise to (iii) work an abatement of Rentrent, nor or (iv) relieve Tenant from the obligation to fulfill any covenant or agreementagreement in this Lease. However, if the Premises, or a material portion Should any of the Premises, is made untenantable for a period equipment or machinery used in excess the provision 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 by Tenant. In no event, however, shall Landlord be liable to Tenant such services for any loss or damage, including the theft of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing, if a Service Failure (a) continues for 60 consecutive days after the Service Failure; and (b) is not being diligently remedied by Landlord, Tenant, as its sole remedy, shall have the right cause cease to elect to terminate this Lease within 10 days after the expiration of said 60 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the servicefunction properly, Tenant shall not behave no claim for offset or abatement of rent or damages on account of an interruption in service resulting therefrom. Amounts payable pursuant to this Paragraph 8 shall be deemed to be Additional Rent due from Tenant to Landlord, and any default in the payment thereof shall entitle Landlord to all remedies provided for herein at law or in equity on account of Tenant’s failure to pay Base Rent.
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services:
(1a) Hot and cold water service at those points of supply provided for general use of tenants in the lavatories Building on each floor the floor(s) on which the Premises are located; (2) Heat located and central heat and air conditioning in season during Normal Business Hours the Premises in accordance with the specifications attached hereto season, at such temperatures and in such amounts as EXHIBIT F are considered by Landlord to be standard or as otherwise required by governmental authority; provided, provided that Landlord shall not be liable for any failure to maintain the temperature ranges set forth in EXHIBIT F to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Leasehowever, or (b) modifications performed to the HVAC system by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering in the Premises closed during appropriate heating and air conditioning service at times when such portions of the Premises are exposed to direct sunlight, it being agreed that Landlord and Tenant shall work cooperatively with one another regarding a reasonable determination as to when such window coverings should be closed. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than for “Normal Business Hours” for the Building (which are 7:00 a.m. to 7:00 p.m. on Mondays through Fridays and 8:00 a.m. to 2:00 p.m. on Saturdays, exclusive of normal business holidays), shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least twenty-four (24) hours in advance of the date such usage is requested. Tenant shall pay Landlord bear the standard charge for the entire actual cost of such additional service allocable to the Premises as reasonably such costs are determined by Landlord from time to time. As time and shall pay such costs to Landlord within fifteen (15) days of written demand.
(b) Routine maintenance and electric lighting service for Common Areas in the date hereof, Landlord's charge for after hours heating manner and air conditioning service is $46.50 per hour for to the first floor extent deemed by Landlord to be standard.
(or portion thereof) requested by Tenant, and $16.50 per hour for each additional floor (or portion thereof) requested by Tenant; (3) Maintenance and repair of the Property as described in Section IX.B.; (4c) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as EXHIBIT GPremises, or such other reasonably comparable specifications designated by Landlord from time to time. If Monday through Friday, exclusive of normal business holidays; provided, however, if Tenant's use, ’s floor covering or other improvements require special services in excess of the standard services for the Buildingtreatment, Tenant shall be notified of such additional cost and upon Tenant’s prior approval of such cost, pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefore by Landlord. Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not interfere unreasonably with Tenant’s use of the Premises.
(d) Subject to the special services; provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises.
(5e) Elevator service; All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas.
(6f) Electricity Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours, Landlord, however, shall have no liability to Tenant, its employees, agents, invitees or licensees for losses due to theft or burglary or for damages done by unauthorized persons on the Premises for general office use, and Landlord shall not be required to insure against any such tosses. Tenant shall cooperate fully in accordance Landlord’s efforts to maintain security in the Building and shall follow all regulations promulgated by Landlord with and subject respect thereto. The failure by Landlord to any extent to furnish these services or the terms and conditions in Article X; (7) Security to the Building, 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; (8) Replacement of Building standard fluorescent light bulbs/tubes in Building standard light fixtures within the Premises; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property.
B. Landlord's failure to furnish, or any interruption or termination ofof these defined services in whole or in part, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause resulting from causes beyond the reasonable control of Landlord (a "Service Failure") shall not neither render Landlord liable to Tenant, constitute a constructive in any respect nor be construed as an eviction of Tenant, give rise to nor work an abatement of Rentrent, nor relieve Tenant from the obligation to fulfill any covenant or agreementagreement hereof. However, if the Premises, or a material portion Should any of the Premises, is made untenantable for a period equipment or machinery used in excess the provision 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 by Tenant. In no event, however, shall Landlord be liable to Tenant such services for any loss or damage, including the theft of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing, if a Service Failure (a) continues for 60 consecutive days after the Service Failure; and (b) is not being diligently remedied by Landlord, Tenant, as its sole remedy, shall have the right cause cease to elect to terminate this Lease within 10 days after the expiration of said 60 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the servicefunction properly, Tenant shall not behave no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom.
Appears in 1 contract
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services:
(1) Hot and cold water . Water service for use in the lavatories on each floor on which the Premises are located; (;
2) . Heat and air conditioning in season during Normal Business Hours (and during the hours that would be Normal Business Hours on President's Day, which, for purposes of this Section VII.A.2, shall be considered a "Business Day"), at such temperatures and in accordance with the specifications attached hereto such amounts as EXHIBIT F are standard for comparable buildings or as otherwise required by governmental authority, provided that Landlord shall not be liable for any failure to maintain the temperature ranges set forth in EXHIBIT F to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering in the Premises closed during appropriate times when such portions of the Premises are exposed to direct sunlight, it being agreed that Landlord and Tenant shall work cooperatively with one another regarding a reasonable determination as to when such window coverings should be closed. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours; Landlord currently requires notice (which may be telephonic) of Tenant's requirement for after-hours HVAC on or before 3:00 p.m. on the day such after-hours HVAC is required or, if such service is required on a weekend or Holiday, on or before 3:00 p.m. on the immediately preceding Business Day. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time, provided that the provision of HVAC service on President's Day as set forth above shall not be subject to such additional charge. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $46.50 14.00 per hour hour; Landlord specifically agrees that any increases in such charge for after-hours HVAC service shall be limited to increases in (A) the first floor actual costs incurred by Landlord to supply such after-hours HVAC on an hourly basis, (or portion thereofB) requested increased wear and tear and depreciation of equipment to provide such after-hours HVAC as reasonably estimated by TenantLandlord in good faith, and $16.50 per hour for each additional floor (or portion thereofC) requested by Tenant; (actual out-of-pocket maintenance costs;
3) . Maintenance and repair of the Property as described in Section IX.B.; (;
4) . Janitor service to the Premises on Business Days in accordance with the cleaning specifications attached hereto as EXHIBIT Exhibit G, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant's use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (;
5) . Elevator service; (;
6) . Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; (and
7) Security to the Building, 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; (8) Replacement of Building standard fluorescent light bulbs/tubes in Building standard light fixtures within the Premises; and (9) such . Such other services as Landlord reasonably determines are necessary or appropriate for the Building or the Property.
B. Landlord's failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the 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 by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing.
C. Subject to Force Majeure, if a Service Failure (a) continues for 60 consecutive days after the Service Failure; to Landlord's reasonable security procedures, and (b) is not being diligently remedied by Landlord, Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after the expiration of said 60 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the serviceArticles XVII and XVIII below, Tenant shall not behave access to the Premises 24 hours per day, seven days per week.
Appears in 1 contract
Sources: Office Lease Agreement (Expedia Inc)
Services to be Furnished by Landlord. A. Landlord agrees to furnish Tenant with the following services:
(1a) Hot and cold water service at those points of supply provided for general use of other tenants in the lavatories on each floor on which Building.
(b) Except with regard to any HVAC system or unit that exclusively serves the Premises (or any portion thereof), which shall be Tenant's responsibility pursuant to Paragraph 11(b) herein, Landlord shall furnish central heat and air conditioning sufficient for the comfortable occupancy of the Premises. Provided, however, central heating and air conditioning service at times other than for "Normal Business Hours" for the Building (which are located; 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal business holidays), shall be furnished only on the written request of Tenant delivered to Landlord on the following schedule:
(1) For evenings Monday through Friday - prior to 3:00 p.m. on the day when such service is required;
(2) Heat For Saturday afternoon, Saturday evening and Sunday - prior to 3:00 p.m. on Friday; and
(3) For normal business holidays - prior to the times set forth above for the last day prior to such holiday. Tenant shall bear the entire cost (as Additional Rent) of such additional heating and air conditioning in season during Normal Business Hours in accordance with the specifications attached hereto as EXHIBIT F or as otherwise required by governmental authority, provided that Landlord shall not be liable for any failure to maintain the temperature ranges set forth in EXHIBIT F to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system used by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering in the Premises closed during appropriate at times when such portions of the Premises are exposed to direct sunlight, it being agreed that Landlord and Tenant shall work cooperatively with one another regarding a reasonable determination as to when such window coverings should be closed. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours. , and Tenant shall pay Landlord the standard charge for the additional service as reasonably determined such costs within ten (10) days following demand by Landlord. The cost to be charged by Landlord from time to time. As of the date hereof, Landlord's charge Tenant hereunder for after hours heating and air conditioning service is used by Tenant during times other than Normal Business Hours shall be $46.50 30.00 per hour hour, subject to increases in such hourly rate from time to time during the Lease Term to reimburse Landlord for increases in the first floor cost to Landlord of electricity consumed in providing the heating and air conditioning service. If heat-generating machines or equipment shall be used in the Premises by Tenant which affect the temperature otherwise maintained by the Building HVAC system, Landlord shall have the right (at Landlord's option) to install (or to require Tenant to install) one or more HVAC systems or units that exclusively serve the Premises (or the portion thereof where such heat-generating machines or equipment are located). As set forth in Paragraph 11(b) herein, the cost of any such separate HVAC systems or units that exclusively serve the Premises, including the cost of installation and the cost of operation and maintenance thereof) requested , shall be borne by Tenant.
(c) Electrical service to serve the Common Areas and the Premises, subject to the terms of Para▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇.
(▇) ▇▇▇tine maintenance and $16.50 per hour electric lighting service for each additional floor (or portion thereof) requested by Tenant; (3) Maintenance and repair all Common Areas of the Property as described Building in Section IX.B.; the manner and to the extent deemed by Landlord to be standard.
(4e) Janitor service on Business Days Janitorial service, in accordance with the cleaning specifications schedule attached hereto as EXHIBIT GExhibit D, or such other reasonably comparable specifications designated by Landlord from time to time. If Mondays through Fridays, exclusive of normal business holidays; provided, however, if Tenant's use, floor covering or other improvements require special services in excess of the standard services for the Buildingtreatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord.
(f) All Building standard fluorescent and incandescent light bulb replacement in the Common Areas and all light bulb replacement in the Premises. Provided, however, Tenant shall promptly pay to Landlord, as Additional Rent, costs incurred by Landlord in replacing light bulbs in the Premises (including the cost of purchasing such light bulbs) if and to the special services; extent such replacement cost exceeds the replacement cost for Building standard light bulbs. As used herein, "Building standard light bulbs" shall be deemed to refer to 2' x 4', 3 lamp F40/CW with energy saving ballasts.
(5g) Elevator service; (6) Electricity Tenant, its employees, and its invitees who have been registered with Landlord shall have access to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; (including elevator service) by a code or card access system seven (7) Security days a week, twenty-four (24) hours a day. Tenant shall receive an allotment of codes or cards for all of its employees and for its invitees who are registered with Landlord. Landlord shall bear the cost of each such code or card initially issued, provided Tenant shall pay to Landlord (as Additional Rent, within thirty (30) days after Tenant receives an invoice therefor) the Buildingactual costs incurred by Landlord in obtaining and issuing replacement codes or cards for codes or cards previously issued. Landlord, which may be provided through a security system involving any one however, shall have no liability to Tenant, its employees, agents, invitees or a combination of cameras, monitoring devices licensees for losses due to theft or guards, sign-in burglary or identification procedures or other comparable system; (8) Replacement of Building standard fluorescent light bulbs/tubes in Building standard light fixtures within for damages done by unauthorized persons on the Premises; , and (9) Landlord shall not be required to insure against any such other services as Landlord reasonably determines are necessary or appropriate for the Property.
B. losses. Tenant shall cooperate fully with Landlord's efforts to maintain security in the Building during times other than Normal Business Hours and shall follow all regulations promulgated by Landlord with respect thereto. The failure by Landlord to any extent to furnish, or any the interruption or termination ofof these defined services in whole or in part, services due to the application of Laws, the failure of resulting from any equipment, the performance of repairs, improvements Force Majeure Matters or alterations, or the occurrence of from any event or cause beyond the reasonable control of Landlord (a "Service Failure") other causes shall not (i) render Landlord liable to Tenantin any respect, constitute a constructive (ii) be construed as an eviction of Tenant, give rise to (iii) work an abatement of Rentrent, nor or (iv) relieve Tenant from the obligation to fulfill any covenant or agreementagreement in this Lease. However, if the Premises, or a material portion Should any of the Premisesequipment or machinery used in the provision of such services for any cause cease to function properly, is made untenantable Tenant shall have no claim for a period offset or abatement of rent or damages on account of an interruption in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, service resulting therefrom. Amounts payable pursuant to this Paragraph 8 shall be entitled deemed to receive an abatement of be Additional Rent payable hereunder during due from Tenant to Landlord, and any default in the period beginning payment thereof shall entitle Landlord to all remedies provided for herein at law or in equity 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 by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft account of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipmentto pay Base Rental. Notwithstanding the foregoing, if in the event that there is a Service Failure (a) continues failure of services for 60 consecutive days after the Service Failure; and (b) which Landlord is responsible to perform which is not being diligently remedied by Landlord, Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after result of Force Majeure Matters and which renders the expiration of said 60 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the servicePremises untenantable for five (5) consecutive days, Tenant shall not bebe entitled to give Landlord written notice of such event. In the event that Landlord fails to cure such failure within five (5) days from receipt of such written notice, Tenant shall be entitled to cure such failure and bill ▇▇▇dlord for the reasonable out-of-pocket costs of Tenant in effecting such cure.
Appears in 1 contract