Common use of Services to Premises Clause in Contracts

Services to Premises. Except as hereinafter set out, Tenant shall, at its sole cost, provide all services in the Premises, including without limitation: (a) hot and cold running water and necessary supplies In washrooms sufficient for the normal use thereof. (b) heat, ventilation and air conditioning as required for the comfortable use and occupancy of the Premises during Normal Business Hours; (c) maintenance services of repairing, replacing, repainting and redecorating the Premises at reasonable intervals as needed to maintain the Premises in good condition, reasonable wear and tear excepted; (d) janitorial services, Including window washing, dry-cleaning of drapes and shampooing of carpets, to keep the Premises In a clean and tidy condition; (e) replacement of building standard fluorescent tubes, light bulbs, ballasts, and starters as required from time to time as a result of normal usage; and (f) electric power for normal lighting and small business office equipment, water and any other utilities used In connection with the Premises, subject to Landlord’s obligation to ensure that such utilities are available to the Premises. (The parties acknowledge and agree that, except for the original installation of such utilities, the costs of making such utilities available to the Premises will be shared by Tenant and other tenants in the Building as Building Costs.) The foregoing notwithstanding, Landlord may elect from time to time to provide any or all of such services if in Landlord’s opinion, reasonably exercised, Tenant is not providing such service adequately, in which event (i) Tenant shall not interfere with Landlord’s provision of such services, (ii) Landlord may elect to include the costs of such services In Building Costs or allocate them specifically to the Premises, and (iii) Tenant shall pay all costs of such services allocated specifically to the Premises and Building Share of such costs included In Building Costs. Landlord shall ensure the installation of facilities to provide natural gas, electricity, water and telephone services to the Premises and Landlord shall determine in its sole discretion exercised reasonably whether any or all of such services shall be separately metered. Landlord shall ensure that sanitary sewers are available in the Premises and that storm sewers are available at the Building and the Land.

Services to Premises. Except as hereinafter set out, Tenant shall, at its sole cost, Landlord shall provide all services in to the Premises, including without limitation: (a) hot and cold running water and necessary supplies In washrooms sufficient for the normal use thereof. (b) heat, ventilation : Heating/Air Conditioning. Heating and air conditioning as required for in accordance with the comfortable use specifications set forth on Exhibit J, during the usual and occupancy customary business hours of 8:00 a.m. to 6:00 p.m., Monday through Friday. Saturday, Sunday, legal holidays, union holidays and any hours other than those set forth herein shall not be deemed usual and customary business hours, and such service will be provided at these times only if Tenant shall request same not later than twenty-four (24) hours preceding the end of the Premises during Normal Business Hours; (c) maintenance services of repairing, replacing, repainting and redecorating last business day prior to the Premises at reasonable intervals as needed to maintain the Premises in good condition, reasonable wear and tear excepted; (d) janitorial need for such services, Including window washingprovided Landlord shall use reasonable efforts to accommodate Tenant’s request for after hours HVAC up to 12 noon on any business day. Tenant shall pay for such services, dry-cleaning as Additional Rent, within ten (10) days after rendition of drapes and shampooing of carpetsa ▇▇▇▇ therefor, to keep at the Premises In a clean and tidy condition; (e) replacement of building standard fluorescent tubes, light bulbs, ballasts, and starters rate for such services at the Building as required determined by Landlord from time to time as a result of normal usage; and (f) electric power for normal lighting and small business office equipment, water and any other utilities used In connection with the Premises, time. Any such charge shall be subject to a minimum usage fee based upon the minimum overtime labor which must be employed by Landlord pursuant to any labor agreements affecting the provision of services to the Building. In the event Tenant installs a new supplemental air cooling system in the Premises as part of Tenant’s Initial Alteration not to exceed a capacity of 9.5 tons, Tenant shall pay Landlord’s obligation usual and customary charges including a one-time tap-in fee of $5,000 and condenser water charges which are presently $650 per ton per annum. Landlord’s standard rates for after-hours HVAC are $693/hour subject to ensure that such utilities 4 hour minimum usage on Saturdays, Sundays and holidays which rates and terms are available subject to the Premises. (The parties acknowledge and agree that, except for the original installation of such utilities, the costs of making such utilities available to the Premises will be shared change by Tenant and other tenants in the Building as Building Costs.) The foregoing notwithstanding, Landlord may elect from time to time to provide any or all time. The furnishing of such additional heating and air conditioning services if in Landlord’s opinion, reasonably exercised, Tenant is are conveniences and are not providing such service adequately, in which event (i) Tenant and shall not interfere with Landlord’s provision of such services, (ii) Landlord may elect be deemed to include the costs of such services In Building Costs or allocate them specifically be appurtenances to the Premises, and (iii) Tenant shall pay all costs the failure of such services allocated specifically Landlord to the Premises and Building Share of such costs included In Building Costs. Landlord shall ensure the installation of facilities to provide natural gas, electricity, water and telephone services to the Premises and Landlord shall determine in its sole discretion exercised reasonably whether furnish any or all of such services shall not constitute or give rise to any claim of an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Base Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. If one or more tenants utilizing the same system as Tenant requests the same additional services as Tenant, the charge to Tenant shall be separately meteredadjusted pro rata. Landlord shall ensure that sanitary sewers are available Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air conditioning system is in operation and agrees to lower and close the blinds when necessary because of the sun’s position whenever the air conditioning system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air conditioning system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air conditioning, fan, ventilating, machine rooms and electrical closets. Landlord and Tenant hereby acknowledge that storm sewers are available at the Premises located on the 48th floor of the Building shall have a total of 28 tons of supplemental air cooling capacity available (i.e. 13 tons of supplemental air cooling capacity presently serving the Existing Premises located on the 48th floor and 15 tons of supplemental air cooling capacity in the LandAdditional Premises which is comprised of the existing 5.5 ton supplemental air cooling unit in the Additional Premises plus an additional 9.5 tons of supplemental of air cooling capacity specified above). Furthermore, Landlord acknowledges that Tenant shall be permitted to maintain the current tonnage of supplemental air cooling capacity presently serving the Existing Premises located on the 47th floor of the Building. Electricity. Electrical energy to the Premises pursuant to the provisions of Section 4.06.