Common use of Services Clause in Contracts

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 3 contracts

Sources: Office Lease (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc), Office Lease (Alimera Sciences Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, 7.1 Landlord shall maintain the Premises and the public and common areas of the Property, Project (such as lobbies, stairs, atriums, landscaping, corridors and restrooms in the common areas, but not including any such areas located within any tenant’s premises), the roof, structural and exterior elements of the Project, and the Base Building Systems including, but not limited to, mechanical (heating, ventilating and air conditioning) and electrical systems of the Project (but excluding (i) any supplemental systems (such as air-conditioning systems or power generators, regardless of whether they are located inside or outside the Premises) and (ii) any equipment used in connection with the Premises and installed specifically for Tenant) in reasonably good order and condition except for condition. Any damage occasioned in or to any such areas, elements or systems caused by the act Tenant or any agent, employee, contractor, licensee or invitee of Tenant shall be repaired by Landlord at Tenant’s expense and Tenant shall reimburse Landlord therefor on demand, its employees, agents or invitees, and as additional rent. Landlord shall also provide not be liable for any criminal acts of others or for any direct, consequential or other loss or damage related to any malfunction, circumvention or other failure of any access control service, device or personnel. 7.2 Landlord shall furnish the following utilities and services during reasonable and usual business hours (“Basic Services”) for the term Premises: (i) during Business Days (as defined in the Basic Lease Information), electricity for Building standard lighting and power suitable for the use of this the Premises for ordinary general office purposes, (ii) during Business Hours (as defined in the Basic Lease as follows: (aInformation) Air on Business Days, heat and air conditioning and heat for normal purposes only, to provide required in Landlord’s judgment, judgment for the comfortable use and occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about of the Premises for ordinary general office purposes, (iii) elevator service to the floor(s) of the Premises by nonattended automatic elevators for general office pedestrian usage, and (iv) on Business Days, janitorial services limited to emptying and removal of general office refuse, light vacuuming as needed and window washing as determined by Landlord. Notwithstanding the foregoing, however, Tenant may use water, heat, air conditioning, electric current, elevator and janitorial service in excess of that provided in Basic Services (“Excess Services,” which shall include without limitation any power usage other than through existing standard 110-volt AC outlets; electricity and/or water consumed by Tenant in connection with any way may increase dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant; chilled, heated or condenser water; or water used for any purpose other than ordinary drinking and lavatory purposes), provided that the amount Excess Services desired by Tenant are reasonably available to Landlord and to the Premises (it being understood that in no event shall Landlord be obligated to make available to the Premises more than the pro rata share of such services usually furnished the capacity of any Excess Service available to the Building or supplied to tenants in the applicable floor of the Building, as the case may be), and provided further that Tenant further agrees not to connect any apparatus or device complies with the conduits or pipes, or procedures established by Landlord from time to time for requesting and paying for such Excess Services and with all other means by which such services are supplied, for the purpose provisions of using additional or unusual amounts of such services, without written consent of Landlordthis Article 7. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge install in the Premises or the Building electric current and/or water meters (including, without limitation, any additional wiring, conduit or panel required therefor) to measure the electric current or water consumed by Tenant or to cause the usage to be measured by other reasonable methods (e.g. by temporary “check” meters or by survey). Subject to any temporary shutdown for such services. The charge repairs, for security purposes, for compliance with any legal restrictions, or due to fire or other casualty, acts of God, acts of terror, or other causes beyond the reasonable control of Landlord (A) Tenant shall have access to the Premises 24 hours a day, each day of the term of this Lease, (B) the services described in (iii) above shall be payable as provided to the Premises 24 hours a day, each day of the term of this Lease, without additional rentalcharge to Tenant, and (C) subject to the above provisions of this Article 7 regarding availability of,Excess Services and Tenant’s payment for Excess Services, the electricity, heat and air conditioning described in (i) and (ii) above shall be available to the Premises 24 hours a day, each day of the term of this Lease. 7.3 The cost of Basic Services shall be included in Operating Expenses. Should In addition, Tenant refuse shall pay to make payment Landlord upon demand of Landlord(i) the cost, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s optionprevailing rate, to be determined of any Excess Services used by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturdaycost of installing, operating, maintaining or repairing any meter or other device used to measure Tenant’s consumption of utilities, (iii) close the Building all day Sundaycost of installing, operating, maintaining or repairing any Temperature Balance Equipment (as defined in section 7.4 below) for the Premises and/or any equipment required in connection with any Excess Services requested by ▇▇▇▇▇▇, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as any cost otherwise incurred by Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed in keeping account of or determining any Excess Services used by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays exceptedTenant. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for ▇▇▇▇▇▇▇▇’s failure to furnish or any delay in furnishing ▇▇▇▇ ▇▇▇▇▇▇ for any of the foregoing services when there are disturbances shall not waive Landlord’s right to ▇▇▇▇ ▇▇▇▇▇▇ for the same at a later time. 7.4 If the temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or labor disputes ventilation system is affected as a result of (i) the type or quantity of any characterlights, machines or equipment (including without limitation typical office equipment) used by Tenant in the Premises, other than as provided by Landlord, (ii) the occupancy of such portion of the Premises to exceed the normal occupancy for use of the Premises described in the Basic Lease Information, as reasonably determined by Landlord, or (iii) any rearrangement of partitioning or other improvements, then at Tenant’s sole cost, Landlord may install any equipment, or modify any existing equipment (including the standard air conditioning equipment) Landlord deems necessary to restore the temperature balance (such new equipment or modifications to existing equipment termed herein “Temperature Balance Equipment”). Tenant agrees to keep closed, when necessary, draperies and/or window treatments which, because of the sun’s position, must be closed to provide for the efficient operation of the air conditioning system, and ▇▇▇▇▇▇ agrees to cooperate with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning system. Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, air conditioning or ventilation equipment in the Building to maintain temperatures that may be required for, or because of, any computer or communications rooms, machine rooms, conference rooms or other areas of high concentration of personnel or electrical usage, or any other uses other than or in excess of the fractional horsepower normally required for office equipment, and Landlord shall have no liability for loss or damage suffered by Tenant or others in connection therewith. 7.5 Landlord’s obligation to provide utilities and services for the Premises are subject to the Rules and Regulations of the Project, applicable laws (including the rules or actions of the public utility company furnishing the utility or service), and shutdowns for maintenance and repairs, for security purposes, or due to fire or other casualty, acts of God, or other causes beyond the control of Landlord. In the event of an interruption in, or failure or inability to secure electricityprovide any service or utility for the Premises for any reason, fuelsuch interruption, suppliesfailure or inability shall not constitute an eviction of Tenant, machinery, equipment constructive or laborotherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future laws permitting the termination of this Lease due to such interruption, failure or inability. 7.6 In the event any governmental authority having jurisdiction over the Project promulgates or revises any applicable laws or building, fire or other code or imposes mandatory or voluntary controls or guidelines on Landlord or the Project relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions (collectively “Controls”) or in the event Landlord is required or elects to make alterations to the Project in order to comply with such mandatory or voluntary Controls, Landlord may, in its sole discretion, comply with such Controls or make such alterations to the Project related thereto. Such compliance and the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor such alterations shall the temporary failure to furnish any of such services be construed as not constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by ▇▇▇▇▇▇. 7.7 Tenant acknowledges that Landlord may, from time to time, be required to disclose certain information concerning the Building’s energy use pursuant to California Public Resources Code Section 25402.10 and the regulations promulgated pursuant thereto (collectively, together with any future law or relieve regulation regarding disclosure of energy efficiency data with respect to the Building, “Energy Disclosure Regulations”). Tenant from shall cooperate with Landlord with respect to any disclosure and/or reporting requirements pursuant to any Energy Disclosure Regulations. Without limiting the duty of observing and performing any generality of the provisions foregoing, Tenant shall, within ten (10) days following request from Landlord, disclose to Landlord all information requested by Landlord in connection with the Energy Disclosure Regulations, including, but not limited to, the amount of power or other utilities consumed within the Premises for which the meters for such utilities are in Tenant’s name, the number of employees working within the Premises, the operating hours for Tenant’s business in the Premises, and the type and number of equipment operated by Tenant in the Premises. Tenant acknowledges that this Leaseinformation shall be provided on a non-confidential basis and may be provided by Landlord to the applicable utility providers, the California Energy Commission (and other governmental entities having jurisdiction with respect to the Energy Disclosure Regulations), and any third parties to whom Landlord is required to make the disclosures pursuant to the Energy Disclosure Regulations. Tenant agrees that none of the Landlord Parties (as defined below) shall be liable for any loss, cost, damage, expense or liability related to Landlord’s disclosure of such information provided by ▇▇▇▇▇▇. In addition, Tenant represents to Landlord uses that any and all information provided by Tenant to Landlord pursuant to this paragraph shall be, to the best of Tenant’s knowledge, true and correct in all material respects and Tenant shall indemnify, defend and hold harmless the Landlord Parties from and against all claims, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable efforts attorneys’ fees, incurred in connection with or arising from any breach of the foregoing representation and/or Tenant’s failure to cure such interruptiontimely provide any information requested by Landlord pursuant to this paragraph.

Appears in 3 contracts

Sources: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)

Services. As long as Tenant is not (i) The Tesoro Seconded Employees shall provide to the Logistics Group the Operational Services more particularly described in default Schedule A attached to this Agreement for each respective Facility (the “Service Schedules”), which Operational Services, the Parties agree, shall be performed under any the direction and control of the covenants General Partner. In addition, the Parties acknowledge and agree that some Operational Services listed on the Service Schedules may be expanded, discontinued or modified in scope. These items will be negotiated in good faith by the Parties and the Service Schedules will be revised in writing by the Parties as required. Further, Tesoro Seconded Employees will provide assistance to the Logistics Group from time to time with respect to Specialized Services and Other Services. The terms applicable to Logistics Services will be negotiated in good faith by the applicable Parties and will be reflected in individual Service Orders executed by the applicable Parties identifying the specific Logistics Services to be provided, the timing of those Logistics Services, the method of compensation for those Logistics Services and other terms that may be applicable to those Logistics Services, in addition to the provisions of this Lease, Landlord shall maintain the Premises Agreement and the public and common areas of other agreements among the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachParties. (bii) Electric power The Partnership Seconded Employees shall provide to the Tesoro Group the Tesoro Services more particularly described in the Service Schedules for lighting each respective Facility, which Tesoro Services, the Parties agree, shall be performed under the direction and operation of office machines, air conditioning and heating as may be required for comfortable occupancy control of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptedTesoro Group. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord The Parties may from time to time reasonably determine; after which hour admittance time, by mutual agreement, agree on various Tesoro Services to be provided by the Partnership Seconded Employees. The Tesoro Services shall be exclusive of the primary services being provided by TLO to the Tesoro Group under the commercial agreements executed by the applicable Parties and the administrative services being provided under the Third Amended and Restated Omnibus Agreement. Specific terms applicable to Tesoro Services will be negotiated in good faith by the applicable Parties and will be reflected in individual Service Orders executed by the applicable Parties identifying the specific Tesoro Services to be provided, the timing of those Tesoro Services, the method of compensation for those Tesoro Services and other terms that may be gained only under such regulations as may from time applicable to time be prescribed by Landlord. (h) Passenger elevator servicethose Tesoro Services, if normally provided for Building, daily from 7:00 a.m. in addition to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionAgreement and the other agreements among the Parties.

Appears in 3 contracts

Sources: Secondment and Logistics Services Agreement, Secondment and Logistics Services Agreement (Tesoro Corp /New/), Secondment and Logistics Services Agreement (Tesoro Logistics Lp)

Services. As A. Landlord shall, so long as Tenant is not in default under any of covenant or condition herein contained, furnish: (i) Heating and air cooling when necessary to provide a temperature condition for comfortable occupancy daily, in season, 8:00 A.M. to 6:00 P.M. and on Saturdays 8:00 A.M. to 1:00 P.M., Sunday and holidays excepted. When heat generating machines or equipment are used by Tenant in the covenants or provisions of this LeasePremises, which affect the temperature otherwise maintained by the air-cooling system, Landlord shall maintain reserves the right to install supplementary air-conditioning units in the Premises and the public expense of furnishing such units and common areas installation thereof shall be paid by Tenant. The expense resulting from the operation and maintenance of the Propertysupplementary air conditioning system shall be paid by Tenant to Landlord as Additional Rent at rates fixed by Landlord. (ii) Cold water in common with other tenants for drinking, such as lobbieslavatory and toilet purposes drawn through fixtures installed by Landlord, stairsor by Tenant with Landlord's prior written consent, atriumsand warm water for lavatory purposes from the regular supply of the Building. Tenant shall pay Landlord at rates fixed by Landlord for, landscaping, corridors and restrooms in good order and condition except water furnished for damage occasioned by the act of Tenant, its employees, agents or inviteesany other purposes, and Landlord may install a water meter at Tenants sole cost to measure such usage. Tenant shall also provide not waste or permit the following services during reasonable waste of water. In the event Tenant shall fail to make prompt payment to Landlord for water furnished by Landlord, Landlord, upon ten (10) days notice, may discontinue furnishing such service and usual business hours no such discontinuance shall be deemed an eviction or disturbance of Tenant's use of the Premises or render Landlord liable for the term of damage or relieve Tenant from any obligation under this Lease as follows:Lease. (aiii) Air conditioning Customary janitor service and heat for normal purposes onlycleaning in and about the Premises Saturdays, Sundays, holidays, excepted. Tenant shall not provide any janitor services or cleaning without Landlord's written consent and then only subject to provide supervision of Landlord and at Tenant's sole responsibility and by janitor or cleaning contractor or employees at all times satisfactory to Landlord. (iv) Building access and passenger elevator service in common with Landlord and other tenants on a twenty-four hour, seven day a week, basis, and daily freight elevator service in common with Landlord and other tenants at reasonable hours to be determined by Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.Saturdays, Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic Operatorless automatic elevator service shall be deemed "elevator services” service" within the meaning of this paragraph. Landlord shall make reasonable effort provide Tenant at commencement of Lease with one electronic card key for each 250 square feet of Premises at no charge, if Tenant shall require additional or replacement card keys, Landlord shall provide such additional or replacement card keys at a cost of $10 per card key. Tenant shall, at the expiration of the Lease, or upon vacating the Premises return all keys to provide Landlord or pay $10 per card key for each card key not returned. B. All electricity, telecommunication, signal, and other similar services used in the foregoing servicesPremises shall be supplied by the utility company serving the Building. Tenant shall pay as additional rent, but on the date for payment of Base Rent, the Initial Electric Charge as set forth in Section 1. Such Initial Electric Charge shall be adjusted annually to reflect changes in the cost of electricity provided to the Building. Landlord shall notify Tenant of any change in the Electric Charge and Tenant shall pay, as additional rent commencing on the first day of the first month after such notice, the adjusted Electric Charge. If Tenant operates extensive computer or other energy intensive machinery or equipment, or if Tenant requires use of electricity for other than normal and usual lighting and incidental office use after 6:00 P.M. and before 8:00 A.M. on weekdays and after 1:00 P.M. on Saturdays, Landlord may install, at Tenants expense, separate meters to measure such excess usage and the costs thereof shall be billed directly to Tenant. Landlord shall not in any eventway be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of such service is changed or is no longer available or suitable for Tenants requirements. If such service be discontinued, such discontinuance shall not in any way affect this Lease or the liability of Tenant hereunder or cause a diminution of Base Rent or Rent Adjustment and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule or regulation now or hereafter enacted, promulgated or issued. Tenant shall receive such service directly from the utility company and Landlord hereby permits its wires and conduits, to the extent available, suitable and safely capable, to be used for such purposes. C. Landlord does not warrant that any of the services above-mentioned will be free from interruption caused by war, insurrection, civil commotions, riots, acts of God or the enemy, governmental action, repairs, renewals, improvements, alterations, strikes, lockouts, picketing, whether legal or illegal, accidents, the inability of Landlord to obtain fuel, energy or supplies or any other cause or causes beyond the reasonable control of Landlord. No such interruption of service shall be deemed an eviction (or a constructive eviction) or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for damages, nor shall the rental herein reserved be abated for failure to furnish by abatement of rent or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any characterotherwise, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages from interruption or stoppage of service. Tenant agrees to cooperate fully with Landlord, at all times, in abiding by all regulations and requirements which Landlord may prescribe for the duty proper functioning and protection of observing all utilities and performing any services reasonably necessary for the operation of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionProject and the Building.

Appears in 3 contracts

Sources: Office Lease (Biotel Inc.), Asset Purchase Agreement (Biotel Inc.), Office Lease (Biotel Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of use all reasonable efforts to furnish to Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: ; (a) Air conditioning and heat water at those points of supply provided for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to general use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in of the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. ; (b) Electric power for lighting the equipment to provide heated and operation of office machines, refrigerated air conditioning (“HVAC”) as appropriate, at such temperatures and heating in such amounts as may be required are standard for comfortable occupancy comparable buildings with comparable densities and heat loads in the vicinity of the Premises between Monday and Friday from 8:00 a.m. Building (not to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by exceed the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use current HVAC system’s capacity existing as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. Date); (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor janitorial service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premisesfive days per week, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all than holidays, or (iv) close the Building at for Building-standard installations and such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations window washing as may from time to time be prescribed by Landlord. reasonably required; (hd) Passenger elevator elevators for ingress and egress to the floor on which the Premises are located, in common with other tenants, provided that Landlord may reasonably limit the number of operating elevators during non-business hours and holidays; and (e) electrical current during normal business hours for equipment that does not require more than 110 volts and whose electrical energy consumption does not exceed normal office usage. If Tenant desires janitorial service at other than normal service times, or HVAC service, if normally provided for Building, daily from : (1) at any time other than between 7:00 a.m. and 7:00 p.m. on weekdays and between 8:00 a.m. and 1:00 p.m. on Saturdays (in each case other than holidays), or (2) on Sundays or holidays, then such services shall be supplied to 6:00 p.m.Tenant upon the written request (or such other means as may be provided by Landlord for all Building tenants) by Tenant delivered to Landlord’s designated property manager before 3:00 p.m. on the business day preceding such extra usage, and Saturday from 8:00 a.m. Tenant shall pay to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning Landlord its then standard cost of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, such services (which shall not be liable included in Tenant’s Proportionate Share of Operating Costs or Electrical Costs) within 30 days after Landlord has delivered to Tenant an invoice therefor. Tenant acknowledges that the cost components for damagesproviding after-hours HVAC service to the Premises are not separately metered; accordingly, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any Landlord’s determination of after-hours HVAC charges is an estimate of the foregoing services when there are disturbances or labor disputes costs incurred by Landlord in providing such after-hours HVAC service to Tenant. The costs charged to Tenant for such after-hours service shall include Landlord’s reasonable allocation of any character, or by inability to secure the costs for electricity, fuelwater, suppliessewage, machinerywater treatment, labor, metering, filtering, equipment or labordepreciation, or by the making wear and tear and maintenance to provide such service and an administrative fee of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond 15%. Landlord’s control nor shall reasonable estimate of 2012 after-hours charges for HVAC is $15.00 per hour per zone in the temporary failure to furnish Building (with a two-hour minimum), plus any of applicable sales or other taxes; however, Landlord and Tenant agree that such figure may be adjusted for increases in Landlord’s costs for providing such services and shall not be construed interpreted as an eviction of the maximum amount which may be charged to Tenant or relieve Tenant from during the duty of observing and performing any Term. With respect to the calculation of the provisions foregoing, Landlord covenants that, during the Term, there shall be no more than two HVAC zones in the Premises leased to Tenant as of this Lease, provided Landlord uses reasonable efforts to cure such interruptionthe Lease Date.

Appears in 3 contracts

Sources: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Services. As long as Tenant is not Landlord agrees to furnish to the building hot and cold water at points of supply provided for general use, heated and refrigerated air conditioning in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or inviteesseason at reasonable temperatures, and Landlord shall also provide the following services during in reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlyamounts, from 8 a.m. to provide in Landlord’s judgment, comfortable occupancy 6 p.m. Monday through Friday and from 8:00 8 a.m. to 6:00 1 p.m. on Saturdays, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays elevator and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such janitor services usually furnished or supplied to tenants in the Buildingmanner deemed to be generally acceptable in comparable class buildings. Janitorial service shall only be provided Monday through Friday, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose exclusive of using additional or unusual amounts of such services, without written consent of Landlordnormal business holidays. Should Tenant use such services under this provision to excessExcept as noted above, Landlord reserves the right to charge for furnish all such facilities and services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, at its option, on such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays weekends and holidays exceptedas Landlord chooses. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lightingTenant shall not, heatingwithout Landlord's prior written consent, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, install or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and operate any electrical equipment, architectural finishmachinery or mechanical device or computer on the Premises other than normal to general office use. If Tenant needs or demands above normal electric service or heated or refrigerated air, security, it is agreed Tenant shall pay for same as Additional Rent if Landlord is reasonably able to provide same and is agreeable to so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. providing. Tenant will also pay for any additional special facilities or equipment and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided costs for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraphinstalling same. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damagesdamages to Tenant for failure to perform any of the covenants in this Paragraph, nor shall the rental herein reserved be abated for failure to furnish temporary stoppages, temporary failures, or any delay in furnishing interruptions of any of the foregoing services when there are disturbances or labor disputes of any character, or to be supplied by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services Landlord under this Paragraph be construed as an eviction of Tenant Tenant, work an abatement of rent, or relieve Tenant from the duty of observing and performing any covenant or agreement. Landlord agrees to diligently restore any services obligated to be provided by it hereunder when temporary failures, stoppages or interruptions occur. Tenant shall promptly notify Landlord of the provisions need of any repairs or maintenance for which the Landlord is obligated in this Lease, provided Lease and Landlord uses shall have reasonable efforts time after receipt of such notice to cure complete such interruption.repairs. ENTRY

Appears in 3 contracts

Sources: Office Lease, Office Lease, Office Lease

Services. As long as Tenant 5.1 Included lab services are limited to the systems that are in place on the Sublease Commencement Date to supply de-ionized water (DI) water, house vacuum, and compressed air. It is not expressly understood that no gases (other than compressed air) will be supplied to the Subleased Premises by FibroGen. However, FibroGen will (at no cost to Subtenant) install wall mounts to secure laboratory gas cylinders in default under any of the covenants or provisions of this LeaseSubleased Premises subject to the restrictions contained in Paragraph 9.5. FibroGen represents that the DI water, Landlord house vacuum and compressed air are, and shall maintain the Premises and the public and common areas of the Propertybe, such as lobbies, stairs, atriums, landscaping, corridors and restrooms maintained by FibroGen in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual working order. a) Normal business hours for the term of this Lease services provided by FibroGen employees or agents (such as follows: (areceptionist, loading, and unloading) Air conditioning and heat for normal purposes onlyshall be from 8 am to 5 pm, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. Friday, FibroGen holidays and Saturday from 8:00 a.m. to 12:00 p.m., Sundays other infrequent dates and holidays times reasonably designated by FibroGen excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of No such services usually furnished or supplied to tenants in the Buildingshall be available during nights, weekends, and Tenant further agrees FibroGen holidays. 5.2 Services and utilities not to connect specified in Paragraph 5.1 above, shall be furnished and the cost borne as outlined in Exhibit A. If any apparatus or device with the conduits or pipes, or other means by which such services are suppliednot separately metered to Subtenant, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge Subtenant shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute pay a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, reasonable proportion to be determined by FibroGen of all charges jointly metered with other premises. In the event of failure by FibroGen to furnish, in a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess chargesatisfactory manner, such refusal shall constitute a breach any of the obligation to pay rent under this Lease services and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service utilities to the Premises during for which FibroGen is responsible, Subtenant may furnish the times and same if FibroGen has not undertaken to correct such failure within five (5) days after written notice, and, in addition to any other remedy Subtenant may have, may deduct the manner that such janitor services are customarily furnished in general office buildings in the areaamount thereof, including Subtenant’s service costs, from rent or other remuneration due FibroGen hereunder. (d) Taxes and insurance 5.3 Charges for all services provided hereunder shall be invoiced on the Premises, except as otherwise provided hereinfifteenth (15th) day of each month immediately following the provision of the service and shall be due and payable along with the next rent payment due after receipt of the invoice for such services. (e) Parking will 5.4 Exhibit A may be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property amended in a signed writing to include lawn and shrub care, snow removal, maintenance of new service or remove existing services as mutually acceptable to the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Leaseparties hereto. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 3 contracts

Sources: Sublease (Merrimack Pharmaceuticals Inc), Sublease (Merrimack Pharmaceuticals Inc), Sublease (Merrimack Pharmaceuticals Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide will furnish the following services during reasonable and usual business hours for the term normal use and occupancy of this Lease the Premises for general office purposes: (i) electricity, (ii) heating and air conditioning in season during Normal Business Hours, (iii) water, (iv) trash removal and janitorial services pursuant to the cleaning schedule attached as follows: Exhibit “D”, and (av) Air such other services Landlord reasonably determines are appropriate or necessary. If Tenant requests, and if Landlord is able to furnish, services in addition to those identified above, including heating or air conditioning and heat for normal purposes onlyoutside of Normal Business Hours, to provide in Tenant shall pay Landlord’s judgmentreasonable charge for such supplemental services. If because of Tenant’s density, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.equipment or other Tenant circumstances, Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, puts demands on the Building Systems in or upon or about excess of those of the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants typical office user in the Building, Landlord may install supplemental equipment and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed meters at Tenant’s expense. If Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the Tenant refuses to pay upon demand continuation or validity of Landlord such this Lease. Notwithstanding the foregoing, in the event that any utility service is not delivered for a period in excess charge, such refusal shall constitute of five (5) consecutive business days solely as a breach result of the obligation negligence or willful misconduct of Landlord, and if Tenant is unable to pay rent under this Lease reasonably use the Premises for the conduct of its business by reason thereof, Rent shall thereafter ▇▇▇▇▇ until the interrupted service is restored or Tenant conducts or is able to reasonably conduct business in the Premises. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the Building or Premises. Any wiring, cabling or other equipment necessary to connect Tenant’s telecommunications equipment shall be Tenant’s responsibility, and shall entitle be installed in a manner approved by Landlord. In the event Tenant’s consumption of any utility or other service included in Operating Expenses is excessive when compared with other occupants of the Property, Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequencymay invoice Tenant separately for, and janitor service to Tenant shall pay on demand, the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premisescost of Tenant’s excessive consumption, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed determined by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 3 contracts

Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)

Services. a. As long described above, it is agreed that this Lease is a completely “triple-net” lease to the Landlord, except as otherwise expressly herein stated. Therefore, except for replacements of capital items as described below, Landlord is not responsible for the expenditures for any utilities or services in connection with Tenant’s use and occupancy of the Project. b. Any and all utilities serving the Project (including, without limitation, electricity, HVAC and water and sewer) will be separately metered and paid for directly by Tenant to the applicable utility companies. Tenant shall pay all bills for utility services prior to delinquency. Upon written request by Landlord, Tenant shall provide Landlord with copies of any utility bills received by Tenant. In addition, Tenant agrees to execute any documentation required by any utility companies to enable such companies to provide copies of Tenant’s utility bills to Landlord. c. In connection with Tenant’s repair and maintenance of the HVAC, elevator systems and other building controls for which Tenant is not responsible, Tenant, at its expense, shall enter into industry-standard service contracts. Upon request from time to time, Tenant shall provide Landlord with true, correct and complete copies of such service contracts, as well as with true, correct and complete copies of any other service agreements entered into by Tenant in default under any connection with the Project, including, without limitation, janitorial, security and landscaping. At a minimum, Tenant’s provision of the covenants various services, repairs and maintenance of the Project shall be consistent with such services, repairs and maintenance in Comparable Class Buildings and the companies to be engaged by Tenant shall be professional, licensed and insured. If Tenant provides any limited access systems for the Buildings, Tenant shall provide Landlord with the access codes and keys necessary to gain entry to the Buildings. Tenant is also responsible, at it expense, to replace all electric light bulbs, tubes, and tube casings located within or provisions of this Lease, Landlord shall maintain serving the Premises and the public and common areas of the PropertyProject generally, such as lobbiesincluding, stairswithout limitation, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees’s signage, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachParking Area. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 3 contracts

Sources: Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.), Lease Agreement (Interval Leisure Group, Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord Lessor shall maintain the Premises and the public and -------- common areas of the Propertybuilding, such as lobbies, stairs, atriumscorridor and restrooms, landscaping, corridors and restrooms in reasonably good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord Lessee. Lessor shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the furnish Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power electricity for lighting and operation of low power usage office machines, air conditioning heat, normal office air- conditioning, and heating as may be required for comfortable occupancy elevator services, during the ordinary business hours of the Premises between Monday building. Air-conditioning units and Friday from 8:00 a.m. to 6:00 p.m.electricity therefore for special air- conditioning requirements, and Saturday from 8:00 a.m. to 12:00 p.m.such as for computer centers, Sundays and holidays exceptedshall be at Lessee's expense. Electric power Lessor shall also provide lighting replacement for Lessor furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom toilet room supplies, window washing with reasonable frequency, and customary janitor service service. Lessor shall not be liable to Lessee for any loss or damage caused by or resulting from any variation, interruption or any failure of said services due to any cause whatsoever. No temporary interruption or failure of such services incident to the Premises during making of repairs, alterations, or improvements, or due to accident or strike or conditions or events not under Lessor's control shall be deemed as an eviction of Lessee or relieve Lessee from any of Lessee's obligations hereunder, provided however, that Lessee shall be entitled to a rent abatement after an interruption of service continues for 72 consecutive hours. In the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance event of any lack of attention on the Premises, except as otherwise provided herein. (e) Parking will be provided on part of Lessor and any dissatisfaction with the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior service of the Building building, or any unreasonable annoyance of any kind, Lessee is requested to make complaints at Lessor's building office and Property not to include lawn Lessor's employees or agents seen within the building. Lessee is further requested to remember that Lessor is as anxious as Lessee that a high grade service be maintained, and shrub carethat the Premises be kept in a state to enable Lessee to transact business with the greatest possible ease and comfort. The rules and regulations are not made to unnecessarily restrict Lessee, snow removal, but to enable Lessor to operate the building to the best advantage of both parties hereto. To this end Lessor shall have the right to waive from time to time such part or parts of these rules and regulations as in his judgment may not be necessary for the proper maintenance or operation of the structure, roof, mechanical and electrical equipment, architectural finish, securitybuilding or consistent with good service, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance make such further reasonable rules and regulations as in his judgment may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator serviceneeded for the safety, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., care and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any cleanliness of the foregoing services when there are disturbances or labor disputes Premises and the building and for the preservation of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionorder therein.

Appears in 2 contracts

Sources: Annual Report, Office Lease (Cell Therapeutics Inc)

Services. As long as A. Landlord shall provide all utility equipment, distribution systems, fixtures and parts to the Demised Premises in accordance with the Plans, and shall in all other respects prepare the Demised Premises to accept all utilities to be used by Tenant is not in default under any during the terra of the covenants Lease as contemplated by the Plans including all connection, tap-in and impact fees, any charges for the underground installation of electric, gas or provisions other utilities or services, and other charges relating to the extension of this Leaseor change in the facilities necessary to provide the Demised Premises with adequate utilities services. Tenant shall contract for and pay directly for the cost of usage of all utilities including all charges for water, heat, gas, light, garbage, electricity, telephone, sewage, steam, power or other public or private utility services. If after Landlord's installation of the utility systems required to be provided herein, any bond, charge or fee is required by the state in which the Demised Premises are located, or any city or other agency, subdivision, or instrumentality thereof, or by any utility company furnishing services or utilities to the Demised Premises, as a condition precedent to continuing to furnish utilities or services to the Demised Premises, such bond, charge or fee shall be deemed to be a utility charge payable by Tenant. To the extent existing utility easements on the Demised Premises are not sufficient to provide utility and communication services to the Demised Premises for Tenant's Use, Landlord agrees to grant additional easements to utility providers, including telecommunication and electronic service providers, if reasonably required by Tenant. B. The Demised Premises shall maintain the Premises and the public and common areas include all of the Propertyimprovements shown on the Site Plan, such including, without limitation, exclusive use of the paved parking as lobbiesset forth on the Site Plan. C. Tenant acknowledges that any one or more of the services provided for in paragraph 10 hereof may be interrupted or suspended by reason of accident, stairsrepair, atriumsalterations or improvements necessary to be made, landscapingstrike, corridors and restrooms in good order and condition except for damage occasioned lockout, misuse or neglect by the act of Tenant or Tenant's agents, its employees, agents employees or invitees, or by shortages of fuel or other energy supplies to be provided by public or private utilities or supplies or by other matters, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damagesto Tenant therefor, nor shall Tenant have any right to terminate the rental herein reserved be abated for failure to furnish Lease or any delay other rights against Landlord in furnishing the event of a failure, interruption or suspension of any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionaforesaid services.

Appears in 2 contracts

Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)

Services. As Landlord will furnish as part of the Operating Expenses the following services to Tenant from Monday through Friday from 7:00 A.M. to 7:00 P.M. and on Saturday from 7:00 A.M. to 1:00 P.M. except for Christmas Day, Memorial Day, Labor Day, Thanksgiving Day, Fourth of July, and New Year's Day, or any subsequent nationally recognized holiday: (a) Cleaning services, deemed by Landlord to be normal and usual in a first-class office building, except that shampooing and replacement of carpet as required by Tenant shall be at Tenant's own expense. (b) Central heat and air conditioning in season, at such temperatures and in such amounts as are considered by Landlord to be reasonable; such services furnished to Tenant at times other than the hours set forth above, and on Sundays and holidays shall not be an Operating Expense and will be furnished to Tenant at its sole cost and expense. (c) Routine maintenance and electric lighting service for all Common Areas of the Building in the manner and to the extent deemed by Landlord to be standard. (d) Electricity and electrical facilities to furnish electrical current for normal office use. (e) Hot and cold water at those points of supply provided for general use at all times and all day through the year. (f) Initial and replacement bulbs and ballasts for building standard lighting within the Leased Premises. (g) Sufficient elevator service for the Leased Premises, weekdays and on Saturdays and at least one elevator serving the Leased Premises 24 hours a day, every day of the year. (h) Twenty-four (24) hour security for the Building. No electric current shall be used except that furnished or approved by the Landlord, nor shall electric cable or wire be brought into the Premises, except upon the written consent and approval of the Landlord. Tenant shall use only office machines and equipment that operate on the Building's standard electric circuits or equipment (the installation of which shall be at Tenant's expense after approval in writing by the Landlord). Excess electrical current consumption shall be paid for by the Tenant as Additional Rent to the Landlord in an amount to be determined by the Landlord based upon Landlord's estimated costs of such excess electric current consumption or based upon the actual cost thereof if such excess electric current consumption is separately metered. Such services and such other services as Landlord in its sole and absolute discretion may elect to provide, shall be provided as long as the Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning beyond any applicable cure periods, subject to interruption caused by repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, acts of God and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. conditions and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about causes beyond the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand control of Landlord and upon such excess chargehappening, such refusal shall constitute a breach no claim for damages or abatement of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated Rent for failure to furnish any such services shall be made by the Tenant or allowed by the Landlord. It is understood and agreed between the parties hereto that any delay in furnishing any charges against Tenant by Landlord for services or for work done on the Premises by order of the foregoing services when there are disturbances or labor disputes of any characterTenant, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of otherwise accruing under this Lease, provided Landlord uses reasonable efforts to cure such interruptionshall be considered as Additional Rent due and shall be included in any lien for Rent.

Appears in 2 contracts

Sources: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)

Services. As long as Tenant is not in default under any of (a) Sublandlord shall furnish to the covenants or provisions of this LeasePremises, Landlord shall maintain at Sublandlord’s sole cost and expense, with the following services to the Premises and throughout the public and Sublease Term: (i) on business days, daily cleaning services to the Premises, the common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors Building and the restrooms in good order a manner as provided by similar multi-tenant building in the Austin, Texas area. Supplemental cleaning needs for the lab space will be passed directly through to the Subtenant. (ii) electricity for lighting, office and condition except for damage occasioned by laboratory equipment and machinery and the act of Tenant, its employees, agents or inviteesHVAC, and Landlord gas to the Premises throughout the Term; Supplemental HVAC shall also provide be separately metered with the following services during reasonable cost and usual business hours for maintenance the term sole responsibility of this Lease as follows:Subtenant. (aiii) Air hot and cold water to the Premises for Subtenant’s use in the Premises and to the lavatories in or serving the Premises; (iv) heating, ventilation and air conditioning and heat for normal purposes only, through the Building systems as seasonally required 8 am to provide in Landlord’s judgment, comfortable occupancy 6 pm Monday through Friday from 8:00 a.m. and 8 am to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, 1 pm on Saturdays; and (v) security for the Building in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants a manner provided by similar multi-tenant buildings in the BuildingCity of Austin, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachTexas. (b) Electric power for lighting and operation Failure by Sublandlord to any extent to furnish such services or any cessation thereof of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal Sublandlord shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but not render Sublandlord liable in any event, shall not be liable respect for damagesdamages to either person or property, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant Subtenant, nor cause an abatement of rent, nor relieve Subtenant from fulfillment of any convenient or relieve Tenant from the duty of observing and performing agreement hereof. Should any of such services be interrupted, Sublandlord shall use reasonable diligence to restore same promptly, but Subtenant shall have no claim for rebate of rent or damages or eviction on account thereof, except as set forth herein. (c) Notwithstanding any provision in this lease to the provisions contrary, if any essential building services furnished by the Sublandlord (i.e. electricity, water, sewer, restroom facilities, elevator service or HVAC systems) are interrupted or diminished in any material way, and the occurrence of this Leasesuch event (or the restoration of such services) is not due to (i) the negligence of intentional misconduct of Subtenant, provided Landlord uses reasonable efforts (ii) the failure or nonperformance by a public utility, (iii) the occurrence of fire or other event of casualty, (iv) the exercise of the power of eminent domain, or (v) the occurrence of a force majeure event, and if Subtenant’s use and enjoyment of the Premises, or any material portion thereof, for the conduct of its business therein is materially and adversely affected as a result of such condition or the interruption of diminution in such essential building services, to cure the extent that the Premises, or a portion thereof, are untenable for the operation of Subtenant’s business then currently conducted in such interruptionportion (the “Service Interruption”) and Subtenant furnished written notice of the Service Interruption to Sublandlord as soon as practical following the occurrence thereof (the “Interruption Notice”) and such Service Interruption continues for a period of three (3) consecutive business days following the Sublandlord’s receipt of the Interruption Notice, Subtenant shall be entitled to an equitable abatement of Rent (Base Rent and Additional Rent) in proportion to those portions of the Premises rendered untenable, beginning on the fourth (4th) business day after Sublandlord’s receipt of the Interruption Notice, until such services are restored or repairs completed. (d) Subtenant shall have access to the Premises seven days per week, twenty-four hours per day. Subtenant shall make its own arrangements for telecommunications and internet service. Sublandlord shall permit Subtenant’s service providers with access to the main connection point in the Building. Subtenant shall have the right to use such telecommunication wiring presently installed which services the Premises. In addition, Subtenant shall have the right to use riser and shaft space sufficient for the installation of any additional telecommunications cables and wiring. Subtenant shall also have the right to use such riser and shaft space for the installation of wiring to connect the generator to the Premises. Subtenant shall be responsible for independently securing their equipment where located. Subtenant shall be responsible for adding conduit where needed from phone room to sublease space and shall complete any work disruption to Sublandlords space. Subtenant shall remove the tele/data wiring associated with the Subtenant space at lease termination to meet the NEC requirements. (e) Subtenant shall have the right to install a supplemental heating, ventilation and air conditioning system (“Supplemental HVAC”) to exclusively serve all or part of the Premises. In the event it is reasonably necessary, Subtenant shall have the right to install and maintain throughout the Sublease Term equipment associated with the Supplemental HVAC outside of the Premises, including on the roof of the Building, in a location mutually and reasonably agreeable to Sublandlord and Subtenant and Subtenant shall have the right to use shaft and riser space and make such roof penetrations as reasonably necessary to connect such equipment with the Premises. Subtenant shall have structural engineer confirm that the Building can support the weight of the proposed unit and that it meets all applicable code and zoning requirements.

Appears in 2 contracts

Sources: Sublease Agreement (Molecular Templates, Inc.), Sublease Agreement (Molecular Templates, Inc.)

Services. As long A. Except as otherwise provided herein, Owner shall have -------- no obligation to furnish to the demised premises cleaning services, electric energy, water, air-conditioning, ventilation, gas or any other service or utility. Tenant is not shall obtain air-conditioning, ventilation, gas and any other services or utilities required by Tenant at Tenant's sole cost and expense and in default under any of compliance with the covenants or applicable provisions of this Lease(i) all rules, Landlord shall maintain regulations and statutes promulgated by any governmental or quasi-governmental authority having jurisdiction over the Premises Building, (ii) all rules and the regulations of Owner and any public and common areas of the Property, utility or other company furnishing such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents service or inviteesutility, and Landlord (iii) this lease, including, without limitation, Article 3 hereof. Tenant shall also provide install, maintain, operate and repair the following services ventilating, air-conditioning, and exhaust systems located or to be located in the demised premises at Tenant's sole cost and expense, and shall obtain and keep in full force and effect during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlylease a service contract, with a reputable contractor or contractors, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about maintain the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machinesexhaust systems located or to be located in the demised premises. Landlord reserves Tenant shall deliver to Owner a duplicate copy of each such service contract within sixty (60) days of the rightCommencement Date, if and shall renew each such contract, and deliver a duplicate copy of such renewal to Owner, no later than ten (10) days prior to the expiration of the term of each contract. If Tenant shall fail to obtain or maintain the service contracts required pursuant to this Section A, Owner may obtain and maintain the same, and the cost thereof shall be collectible by Owner as Additional Charges. Upon the expiration or earlier termination of the term of this lease, Tenant shall surrender to Owner such ventilating, air-conditioning and exhaust systems and all equipment and fixtures used in connection therewith in as good order and condition as the same were in when installed, reasonable wear and tear excepted. (i) Tenant, at Tenant's sole cost and expense, shall (a) keep the demised premises in good order, (b) cause the demised premises and the store front, the entrance door or doors and all glass surfaces (interior and exterior) and any entrance areas (including service entrances) to be cleaned at regular intervals (but not less frequently than weekly), (c) keep the sidewalk and curb directly in front of the demised premises clean (and not at any time sweep any refuse, rubbish or dirt into the gutters or streets), (d) cause Tenant's refuse and rubbish to be kept completely out of view (except when the same is being taken to the location of collection) and removed daily from the demised premises and the Building, but in no event between the hours of 8:30 a.m. and 8:00 p.m. on business days, and (e) cause any portions of the demised premises used for storage, preparation, service or consumption of electricity exceeds food or beverages to be exterminated against infestation by vermin, roaches or rodents on a regular basis. Tenant shall cause the removal of such refuse and rubbish and the furnishing of cleaning and exterminating services to be performed in accordance with all reasonable applicable rules and regulations of Owner, and shall not permit any person to enter the demised premises or the Building for such purposes, other than persons first approved by Owner. (ii) If Tenant shall use any portion of the demised premises for the sale of food or beverages, whether for consumption within or outside the demised premises, Tenant shall cause all refuse and rubbish in the demised premises to be stored in sealed, watertight, metal containers having rubber wheels and bumpers so fashioned as to prevent damage to the demised premises and the Building. Notwithstanding the foregoing, Tenant shall have the right to cause all rubbish and refuse to be stored in plastic containers or bags so long as same are at all times sealed and water tight so that required for normal office use as specifiedno spillage whatsoever occurs therefrom. In addition, Tenant shall not suffer or permit Tenant's employees or any persons making deliveries to or from the demised premises or removing refuse and rubbish therefrom, to include a charge for such electricity as an leave any food, refuse and rubbish containers or other matter standing upon the streets or sidewalks adjacent to the Building (subject, however, to the provisions of clause (d) of the preceding subparagraph (i) hereof). If Tenant shall fail to comply with the foregoing provisions of this subparagraph, Owner, in addition to all other remedies provided in this lease and at law, may remove any food, refuse and rubbish containers and other matter so left standing, without any liability on the monthly rental with such charge to part of Owner therefor, and the cost thereof shall be based upon the average cost per unit of electricity for this Building applied to the excess use collectible as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expenseAdditional Charges. If the demised premises shall have an appurtenant service entrance, Tenant refuses shall cause all deliveries to and from the demised premises and refuse and rubbish removal to be made through such service entrance. C. Tenant shall arrange to obtain electric energy directly from the public utility servicing the Building and understands and agrees that Owner shall not be obligated to furnish the same to Tenant. Such electric energy may be furnished to Tenant by means of the then existing Building electric systems to the extent that, in Owner's opinion, the same are available, suitable and safe for such purposes. All meters, submeters and all additional panel boards, feeders, risers, wiring, and other conductors and equipment which may be required to obtain electric energy shall be installed by Tenant (to the extent the same are not already installed in the demised premises), at Tenant's sole cost and expense, and the installation thereof shall be subject to Owner's approval and performed in accordance with all other provisions of Articles 3 and 49 hereof. Tenant shall, simultaneously with each payment to the public utility company of electrical charges for the demised premises, pay to Owner as Additional Charges a sum equal to five (5%) percent of each electrical ▇▇▇▇; Tenant, shall, simultaneously with each payment to Owner of such Additional Charges, include a copy of the corresponding electrical ▇▇▇▇. D. Within 90 days following receipt by Owner of Tenant's request, which shall be made no later than nine (9) months from the date hereof, Owner shall during the remainder of the term hereof supply water from the cooling tower on the roof above the Building to the perimeter of the demised premises for Tenant's air-conditioning system, which water shall be supplied during Tenant's ordinary business hours. Tenant shall pay to Owner, as additional rent hereunder, the sum of $25,000 per annum for its receipt of such water, which sum shall be payable in equal monthly installments simultaneously with Tenant's payments of fixed rent hereunder. In addition, Tenant shall pay to Owner as additional rent all of Owner's costs for operation of the cooling tower beyond Tenant's ordinary business hours (it being acknowledged that for the purposes hereof, Tenant's "ordinary business hours" shall be on such days as Tenant is open for business from 8:00 a.m. to 2:00 a.m.; should a dispute arise between the parties as to the amount of such additional rent, Tenant shall nevertheless be required to pay upon demand the amount billed, but same shall be resolved by a court of Landlord competent jurisdiction; it being agreed that if such excess chargecourt shall find that Owner overcharged Tenant, Owner shall refund to Tenant the amount of such refusal overcharge, together with interest thereon from the date of payment to the date of repayment at the rate of 15% per annum. Tenant shall constitute a breach install all equipment required to utilize such water, including but not limited to, air-conditioning units, ducts, lines, meters, pumps, connections and vents solely at its own cost and expense, and shall maintain all such equipment in accordance with the provisions of Article 3 and Article 49 hereof. Should Tenant fail to submit its request for Owner to supply water as aforesaid within nine (9) months following the date hereof, Tenant shall be deemed to have waived its right to receive such water during the term of this lease. E. Within 90 days after the execution and delivery (free of escrow) of this Lease, Tenant shall have the right to elect that Owner refrain from supplying heat to Tenant during the hours set forth elsewhere in this Lease. If Tenant shall timely so elect, then (i) Owner shall have no further obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service supply heat to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premisesterm hereof, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. first sentence of Article 30 and close the Building at 12:00 p.m. on Saturdayprovisions of Article 44, (Fuel Escalation) hereof shall be --------------- of no further force or effect, and (iii) close provided Tenant is not then in default under this lease beyond the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator serviceapplicable cure period, if normally provided for Buildingany, daily Owner shall, within ten (10) days after receipt of notice from 7:00 a.m. Tenant as to 6:00 p.m.such election, and Saturday from 8:00 a.m. contribute the sum of $15,000 which Tenant shall apply to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within pay the meaning hard costs of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any construction of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionTenant's Work.

Appears in 2 contracts

Sources: Store Lease (Craig Corp), Lease Agreement (Reading Entertainment Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, A. Landlord shall maintain the Premises provide no services not specifically set forth in this lease. B. Landlord, at Landlord’s sole cost and the public and common areas of the Propertyexpense, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following cleaning services during reasonable to the demised premises as more specifically set forth on Exhibit D annexed hereto. For the avoidance of doubt, all lavatories in the demised premises which are for general use by persons located in the demised premises will not be considered “private” or “executive” and usual business hours shall be cleaned in the manner identified on Exhibit D. Tenant acknowledges that it has been advised that the cleaning contractor for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus Building may be a subdivision or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent affiliate of Landlord. Should If Tenant use such elects to have cleaning services under this provision which exceed those which Landlord agrees to excessprovide herein (as set forth on Exhibit D), Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of LandlordTenant, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s sole cost and expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidaysemploy said contractor, or (iv) close the Building at such other hours contractor as Landlord may from time to time reasonably determine; after designate, for any additional cleaning services provided to the demised premises, provided that the prices charged by any contractor designated by Landlord are comparable to the prices charged by other contractors for the same work. Tenant agrees that under no circumstance shall it employ any cleaning and maintenance contractor, nor any individual, firm or organization for such purposes (other than the contractor designated by Landlord), without Landlord’s prior written consent, which hour admittance may be gained only under withheld for any reason. If Landlord and Tenant cannot agree on whether the prices being charged by the contractor designated by the Landlord are comparable to those charged by other contractors, Landlord or Tenant may submit such regulations dispute to binding arbitration pursuant to Article 40. While such dispute is pending resolution and as a condition to its initiation and the maintaining thereof, Tenant shall pay the charges billed by Landlord or its approved cleaning contractor, as the case may from time to time be prescribed by Landlordbe. (hi) Passenger elevator serviceThe demised premises will be cooled by two (2) water-cooled package units (“AC Units”) (one (1) twenty (20) ton unit and one (1) thirty (30) ton unit) furnished by Tenant as part of Tenant’s Installation Work which, if normally provided together with the air conditioning equipment and appurtenances located in the demised premises (collectively, the “A/C Equipment”), provide cooled air to the demised premises for normal office usage during the cooling season for each year. (ii) The A/C Equipment is and shall remain the property of Landlord. Tenant shall not abuse the A/C Equipment and shall operate the A/C Equipment only in accordance with the instructions that accompany such equipment and the design and performance specifications therefor, which covenant shall survive the expiration or earlier termination of the term hereof. Tenant shall not install any window or wall-through air conditioning units in the demised premises. Tenant shall reimburse Landlord upon demand for any damage to the A/C Equipment caused by Tenant or any employee, agent, contractor or invitee of Tenant and for any replacement equipment made necessary by Tenant’s breach of its obligations in this paragraph. This obligation shall survive the expiration or earlier termination of the term hereof. (iii) Tenant shall reimburse Landlord in accordance with Article 3 of this lease for electricity consumed in connection with the A/C Equipment. The submeter measuring electricity consumed by the A/C Equipment will be the same submeter which measures electricity consumption in the demised premises generally. (iv) Landlord, at Tenant’s sole cost and expense, shall obtain a maintenance contract to service the A/C Equipment located in the demised premises. (v) Landlord shall make available to Tenant, at no cost to Tenant, a total of fifty (50) tons of condenser water to the demised premises, all such condenser water to be generated by a winterized cooling tower and related equipment previously installed by Landlord upon the Building’s common areas. Such condenser water will be (A) delivered to the demised premises at the rate of 3 gallons per minute (gpm) per connected ton of A/C Equipment, daily from 7:00 a.m. at a maximum of 85 degree entering water temperature and 95 degree leaving water temperature for each A/C Unit located in the demised premises and a minimum of not less than 59 degrees and (B) made available to 6:00 p.m., Tenant on the following days and Saturday at the following times: Mondays through Fridays from 8:00 a.m. – 6:00 p.m. and on Saturdays from 8:00 a.m. – 1:00 p.m. (excluding holidays in all instances). Notwithstanding the foregoing, Landlord will provide condenser water to 12:00 p.m.the demised premises other than during the hours set forth in the preceding sentence provided that Tenant shall give notice to Landlord prior to 3:00 P.M. in the case of after hours service on weekdays and prior to 1:00 P.M. on Fridays in the case of after hours service on weekends. In such event, Sunday Tenant shall pay to Landlord, as additional rent on demand, a charge of $80.00 for each hour (or portion thereof) that Tenant avails itself of such condenser water, subject to periodic adjustments as reasonably determined by Landlord. If, at any time subsequent to the one (1) year anniversary of the full occupancy of the demised premises it is determined that Tenant’s water condenser needs are less than that being allocated to the demised premises, Landlord reserves the right to recapture any excess water condenser capacity; provided, however, if Tenant’s water condenser capacity for the demised premises ever increases over the duration of the term hereof, as reasonably evidenced to Landlord, then Landlord, within ten (10) days of receipt of such evidence and holidays exceptedLandlord’s agreement therewith, shall provide the previously recaptured excess water condenser capacity to the demised premises to the extent such excess capacity is then available. Automatic elevator service shall Tenant agrees that Tenant will be deemed “elevator services” responsible for the maintenance and repair of the piping and related equipment from the branch shut-off valve at the main riser on the twenty-fifth (25th) floor in the Building and for all equipment located within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.demised premises;

Appears in 2 contracts

Sources: Lease Agreement (On Deck Capital Inc), Lease Agreement (On Deck Capital Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, 6.01 Landlord shall maintain the Premises and the public and common areas of the PropertyLimoneira Headquarters Building, such as including, without limitation, lobbies, stairs, atriums, landscapingelevators, corridors and restrooms restrooms, windows, plumbing and electrical equipment, and the structure itself in reasonable good order and condition except for damage occasioned by the act of Tenant, its employees, agents agents, contractors or invitees, and which damage shall be repaired by Landlord at Tenant’s expense to the extent such expense is reasonable under the circumstances. 6.02 Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about furnish the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b1) Electric power electricity for lighting and the operation of customary office machinesmachines and equipment, (2) heat and air conditioning and heating as may be to the extent reasonably required for the comfortable occupancy by Tenant in its use of the Premises between Monday Premises, subject to any applicable policies or regulations adopted by any utility or governmental agency, (3) water for drinking and Friday lavatory purposes, (4) lighting replacement (for building standard lights), (5) restroom supplies, (6) window washing with janitor service. Landlord may establish reasonable measures to conserve energy, including but not limited to, automatic switching off of lights after hours. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the rent herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, except to the extent resulting from 8:00 a.m. Landlord’s gross negligence or willful misconduct, (ii) failure to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished furnish or delay in furnishing any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord or by the making of repairs or improvements to the Premises or to the Limoneira Headquarters Building, or (iii) the limitation, curtailment, rationing or restrictions on use of water, electricity, gas or any other form of energy serving the Premises or the Limoneira Headquarters Building imposed by any governmental authority. 6.03 Whenever heat-generating equipment or lighting other than building standard lights are used in the Premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves shall have the right, if consumption after notice to Tenant, to install supplementary air conditioning facilities in the Premises or otherwise modify the ventilating and air conditioning system serving the Premises, and the reasonable cost of electricity exceeds such facilities and modifications shall be borne by Tenant. Tenant shall also pay the cost of providing all cooling energy to the Premises in excess of that required for normal office use as specifiedor during hours requested by Tenant when air conditioning is not otherwise furnished by Landlord. If there is installed in the Premises lighting requiring power in excess of that required for normal office use in the Limoneira Headquarters Building or if there is installed in the Premises equipment requiring power in excess of that required for normal desk-top office equipment or normal copying equipment, Tenant shall pay for the cost of such excess power, together with the reasonable cost of installing any additional risers or other facilities that may be reasonably necessary to include a charge for furnish such electricity as an addition excess power to the monthly rental with such charge to be based upon Premises. 6.04 In the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the event that Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the request, provides services to Tenant refuses that are not otherwise provided for in this Lease, Tenant shall pay Landlord’s reasonable charges for such services upon billing therefor. 6.05 Landlord shall provide to pay upon demand of Landlord such excess Tenant, without charge, such refusal shall constitute a breach paved parking areas for use by Tenant’s officers, directors, employees and invitees. Such parking will be in an asphalt paved parking areas east of the obligation Lemon Packing House. Landlord reserves the right to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for relocate such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may areas from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Leasetime, provided Landlord uses reasonable efforts that such access shall at all times be reasonably proximate to cure such interruptionthe Premises.

Appears in 2 contracts

Sources: Lease Agreement (Limoneira CO), Lease Agreement (Calavo Growers Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, (a) Landlord shall maintain the Premises and the public and common areas of the PropertyBuilding, such as including lobbies, stairs, atriums, landscapingelevators, corridors and restrooms restrooms, windows, mechanical, plumbing and electrical equipment, and the structure itself in reasonably good order and condition except for damage occasioned by the act acts of Tenant, its employees, agents agents, contractors or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge damage shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle repaired by Landlord to the rights hereinafter granted for such breachat Tenant's expense. (b) Electric power Landlord shall furnish the Premises with (1) electricity for lighting and the operation of customary office machines, (2) heat and air conditioning and heating to the extent reasonably required for the comfortable occupancy by Tenant in its use of the Premises during the period from 7 a.m. to 6 p.m. on weekdays (except holidays), or such shorter period as may be required prescribed by any applicable policies or regulations adopted by any utility or governmental agency, (3) elevator service, (4) lighting replacement (for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.building standard lights), and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c5) Lighting replacement, public restroom supplies, (6) window washing with reasonable frequency, and (7) lobby attendant services and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general comparable office buildings in the area. (d) Taxes and insurance on . Landlord may establish reasonable measures to conserve energy, including but not limited to, automatic switching of lights after hours, so long as such measures do not unreasonably interfere with Tenant's use of the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but not be in any event, shall not default hereunder or be liable for damagesany damages directly or indirectly resulting from, nor shall the rental herein reserved be abated for abated, or this Lease terminated by reason of (i) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (ii) failure to furnish or any delay in furnishing any of the foregoing such services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premisesthe Premises or to the Building, or unavailability (iii) the limitation, curtailment, rationing or restrictions on use of utilities due to governmental restrictions water, electricity, gas or any other conditions beyond form of energy serving the Premises or the Building. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services. (c) Whenever heat-generating equipment or lighting other than building standard lights are used in the Premises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord shall have the right, after notice to Tenant, to install supplementary air conditioning facilities in the Premises or otherwise modify the ventilating and air conditioning system serving the Premises, and the cost of such facilities and modifications shall be borne by Tenant. Tenant shall also pay the cost of providing all cooling energy to the Premises in excess of that required for normal office use or during hours requested by Tenant when air conditioning is not otherwise furnished by Landlord’s control nor . If there is installed in the Premises lighting requiring power in excess of that required for normal office use in the Building, or if there is installed in the Premises equipment requiring power in excess of that required for normal desk-top office equipment or normal copying equipment, Tenant shall pay for the temporary failure cost of such excess power, together with the cost of installing any additional risers or other facilities that may be necessary to furnish any of such excess power to the Premises. (d) In the event that Landlord, at Tenant's request, provides services be construed as an eviction of to Tenant or relieve Tenant from the duty of observing and performing any of the provisions of that are not otherwise provided for in this Lease, provided Landlord uses Tenant shall pay Landlord's reasonable efforts to cure charges for such interruptionservices upon billing therefor, including, without limitation, Landlord's then current administrative fee therefor.

Appears in 2 contracts

Sources: Office Lease (Northpoint Communications Group Inc), Office Lease (Redenvelope Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the PropertyProperty and the Building, such as lobbies, stairs, atriums, landscaping, corridors and restrooms restrooms, in good order and condition except for damage occasioned by the act acts of Tenant which shall be repaired at Tenant, its employees, agents or invitees, ’s sole cost and expense. Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about furnish the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power electricity for lighting and operation of low power usage office machines, machines and elevator service at all times during the Term. Landlord shall furnish the Premises with heating or normal office air conditioning between the hours of 7:00 a.m. and heating as may be required for comfortable occupancy of the Premises between 7:00 p.m., Monday through Friday, and Friday from 8:00 a.m. to 6:00 p.m.and 1:00 p.m. on Saturdays, except for legal holidays. Air conditioning units and electricity therefor or special air conditioning requirements, such as for any computer centers, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays after-hours heating and holidays excepted. Electric power furnished by the Landlord is intended to air conditioning shall be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess chargeshall also provide lighting replacement for Landlord-furnished lighting, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom toilet room supplies, window washing with reasonable frequency, frequency and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator customary janitorial service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable to Tenant for damagesany loss or damage caused by or resulting from any variation, nor shall the rental herein reserved be abated for interruption or failure of said services due to furnish any cause whatsoever; and no temporary interruption or any delay in furnishing any failure of the foregoing such services when there are disturbances or labor disputes of any character, or by inability incident to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs repairs, Alterations or improvements to Premises, or unavailability of utilities due to governmental restrictions accident or any other strike or conditions beyond or events not under Landlord’s control nor shall the temporary failure to furnish any of such services be construed as deemed an eviction of Tenant or relieve Tenant from the duty of observing and performing any of Tenant’s obligations hereunder. Landlord reserves the provisions right, in its sole and absolute discretion, to determine which telecommunications and media service providers shall have access to the Building. If Tenant wishes to contract with any communications provider other than those currently servicing the Building, such provider must enter into a written agreement with Landlord setting forth the terms and conditions of this Leasethe access and rights to be granted to such provider. Landlord makes no warranty as to the quality, provided continuity or availability of the telecommunications services in the Building, and Tenant hereby waives any claim against Landlord uses reasonable efforts to cure such interruptionfor any actual or consequential damages (including damages for loss of business) if Tenant’s telecommunications services in any way are interrupted, damaged or rendered less effective.

Appears in 2 contracts

Sources: Office Building Lease, Office Building Lease (E2open Inc)

Services. As long as Tenant is not in default under any of The Landlord agrees, during the covenants or provisions period of this Lease: a. to heat the Demised Premises whenever necessary during ,reasonable business hours of customary heating season. To provide janitor and elevator service, water and plumbing as determined by Landlord. To provide electricity for all lighting and for miscellaneous office equipment and normal office purposes required by Tenant, together with electric bulbs for lamps for lighting the Demised Premises, which bulbs Landlord shall maintain the Premises replace as necessary; b. In case Tenant requires electric energy for signs, or any equipment not part of a normal office operation, such electricity shall be furnished by Landlord, and the public and common areas of rental payable hereunder shall be increased by an amount equivalent to the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned sum paid by the act of Landlord for such additional electricity. Unless a flat rate can be mutually agreed upon between the parties hereto, the additional rental shall be determined by measuring, through metering equipment furnished and installed by the Tenant, its employeesthe additional electricity so required by Tenant and computing the cost thereof at the average rate charged Landlord for electricity supplied to the building. In the event Tenant requires heating and air conditioning during off hours, agents or invitees, weekends and holidays. Landlord shall also on notice provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied at a rate to tenants be agreed upon in writing with the Tenant prior to furnishing same. c. To cause public halls to be lighted during the time and the manner customary in the Buildingbuilding. Landlord shall not be liable for failure to supply such heating, and Tenant further agrees not to connect any apparatus janitor, elevator, lighting or device with the conduits or pipesother services, or other means by which any of them, when such services are suppliedfailure is not due to gross negligence on its part, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, it being understood hat Landlord reserves the right to charge for temporarily discontinue such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand , or any of Landlordthem, at such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating times as may be required necessary by reason of accident, repairs, alterations or improvements, or whenever, by reason of strikes, lockouts, riots, acts of God, governmental regulations, or any other happening, Landlord is unable to furnish such services. d. If any payment of rent as herein provided shall remain unpaid for comfortable occupancy more than five days after the same shall become due, Landlord may, without notice to Tenant, discontinue furnishing lighting, heating and janitor services, until all arrears of the Premises between Monday rent shall have first been paid and Friday from 8:00 a.m. to 6:00 p.m.discharged, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the that Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor and that such action shall in no way operate to release Tenant froze the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionobligations hereunder.

Appears in 2 contracts

Sources: Office Lease (Bsi2000 Inc), Office Lease (Bsi2000 Inc)

Services. As long as Tenant is not In consideration for the fees and charges detailed below, GBS hereby agrees to perform the following COBRA notice and premium collection functions for Client in default connection with the Plans: a. Preparing and mailing COBRA notices with respect to the Plans including, shortly after execution of this Agreement, an initial one time notice of COBRA rights to all current employees (and their spouses/dependents) of the Client who are covered under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or inviteesPlans, and Landlord shall also provide the following services thereafter, during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlythe Agreement, initial notices to provide in Landlord’s judgmentthose employees, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use spouses/dependents who become covered under any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation Plans and whom the Client has notified GBS in writing are entitled to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptednotice. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an In addition to the monthly rental with such charge initial notice, GBS shall prepare and mail to be based upon those individuals identified to GBS by Client, in writing, the average cost per unit of electricity for this Building applied following additional notices to COBRA continuees as to the excess use as determined extent required by an independent engineer selected by the LandlordCOBRA: election notice and forms for initial qualifying event, notice for extension of COBRA due to a disability determination or second qualifying event, notice of ordinary termination of COBRA and availability of conversion coverage, notice of early termination of COBRA, notice to ineligible individuals who have provided notice of a qualifying event but who are not eligible for COBRA and notice of unavailability of COBRA due to gross misconduct. Client acknowledges and agrees GBS is not responsible to send any other documents or notices, including, without limitation, annual open enrollment materials, any SPDs, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand any HIPAA required notices of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachany kind. (c) Lighting replacementb. Receiving from Client completed data, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times in writing and in the manner format reasonably requested by GBS, listing active employees covered under the Plans, newly covered employees and their covered spouses/dependents, new or existing COBRA continuees, the coverage they are eligible to elect under COBRA, the applicable premium per Plan and participant, correct and current addresses for all employees, COBRA continuees, spouses and dependents. Client acknowledges and agrees that such janitor services are customarily furnished in general office buildings in failure of Client to promptly supply the area. (d) Taxes complete and insurance on the Premisesaccurate information described above, except as or otherwise provided herein. (e) Parking reasonably requested by GBS, will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within absolutely preclude GBS from fully and promptly and performing its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, securityobligations hereunder, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall GBS will not be liable for damagesconsequences, nor shall direct or indirect, in connection with the rental herein reserved be abated for failure to furnish or any delay timely supply complete information. c. Monthly billing and collecting of COBRA premiums at the rates directed by Client in furnishing any writing, which rates may change from time to time. d. Monthly reporting to Client of the foregoing services when there amount of premiums received from COBRA continuees and remitting premiums received directly to the Client as more fully described herein. e. Monthly reporting to Client of the identity of COBRA enrollees who are disturbances or labor disputes paying COBRA premiums. f. Monthly reporting to Client of any characterCOBRA continuees who fail to timely remit premium payments to GBS. GBS and Client agree that premiums shall be deemed timely received for purposes of this Agreement if the premium payment envelope bears a postmark, or is otherwise received by inability to secure electricityGBS or Client, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any within thirty (30) days of the provisions due date for such premium. g. Monthly reporting to Client of this Lease, provided Landlord uses reasonable efforts to cure such interruption.the identity of COBRA continuees who are sent termination notices or notice of COBRA unavailability. (Collectively the “Services”)

Appears in 2 contracts

Sources: Statement of Work, Statement of Work

Services. As long as Tenant is not in default under any of Subtenant shall have the covenants or provisions of this right to all services to be provided by the Landlord to the Subleased Premises pursuant to the Prime Lease, Landlord shall maintain the Premises including, without limitation, heating and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following air conditioning services during reasonable and usual business the Landlord’s operating hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device the use of all common areas and appurtenances associated with the conduits Subleased Premises or pipesproviding access to the Subleased Premises pursuant to the Prime Lease. Sublandlord shall not have any duty to perform any obligation of Landlord under the Prime Lease, or be liable to Subtenant for the failure of Landlord to provide services or to perform any obligations of Landlord under the Prime Lease. With respect to any obligation required of Landlord under the Prime Lease, other than as provided in the immediately preceding and succeeding sentences, Sublandlord’s sole obligation with respect thereto shall be to request the same of Landlord promptly after receipt of a request in writing from Subtenant in accordance with the terms of this Sublease, and to use Sublandlord’s commercially reasonable efforts to obtain the same from Landlord, and, if the non-performance of the obligation by Landlord materially affects Subtenant’s use and enjoyment of the Subleased Premises or the economic terms of that use and occupancy, provided Subtenant is not in material default under the Sublease beyond any applicable notice or grace period and provided Sublandlord is not then pursuing such an action, to permit Subtenant, at Subtenant’s sole cost and expense, to bring an action or proceeding in the name of the Sublandlord to enforce Landlord’s said obligation. In the event of the occurrence of a fire or other casualty, or condemnation, or other means by circumstance affecting the Subleased Premises, which would entitle Sublandlord to a rent abatement under the Prime Lease with respect to the Subleased Premises, Sublandlord shall request such services are suppliedrent abatement from Landlord, and use commercially reasonable efforts to obtain the same from Landlord. If Sublandlord is successful in obtaining a rent abatement from Landlord, Sublandlord shall grant Subtenant an abatement of Base Rent under this Sublease for the purpose same number of using additional days as the number of days Sublandlord receives an abatement of rent under the Prime Lease for the portion of Subleased Premises for which the abatement is given. In the event such casualty or unusual amounts condemnation gives Sublandlord a right to terminate the Prime Lease, the decision as to termination of such servicesthe Prime Lease shall be in Sublandlord’s sole discretion. In the event of the termination of the Prime Lease on account of casualty or condemnation, without written consent Subtenant’s right to occupancy of Landlord. Should Tenant use such services the Subleased Premises and rent obligation under this provision to excess, Landlord reserves Sublease shall terminate at the same time as Sublandlord’s right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by rent obligation terminate under the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Prime Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 2 contracts

Sources: Sublease, Sublease (Appian Corp)

Services. As long as Tenant is not in default under any of Subject to the covenants or provisions terms and conditions of this LeaseAgreement, Landlord shall maintain TaxNet agrees to provide CUSTOMER with the Premises services described below in the manner and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as followsform indicated: (a) Air conditioning and heat for normal purposes only, TaxNet agrees to provide in Landlorda computerized tax service to CUSTOMER by way of access to and retrieval of information from TaxNet’s judgmentcomputerized tax plant containing the available real property tax rolls of each taxing authority on the property requested, comfortable occupancy Monday through Friday hereinafter referred to as the “Tax Plant”. CUSTOMER shall be responsible for providing the equipment and telephone line(s) necessary to access and retrieve information from 8:00 a.m. the Tax Plant. However, TaxNet shall, if requested, arrange to 6:00 p.m. have equipment and Saturday from 8:00 a.m. telephone line(s) ordered and installed at CUSTOMER’s expense. TaxNet shall incur no liability to 12:00 p.m.CUSTOMER for any delays, Sundays and holidays excepted. Tenant agrees not to use any apparatus costs or device, in or upon or about damages caused by the Premises which in any way may increase the amount suppliers of such services usually furnished or supplied to tenants in the Buildingdevices, telephone line and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachmodem. (b) Electric power All requests by CUSTOMER for lighting and operation of office machines, air conditioning and heating as may information will be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease processed and shall entitle Landlord certify in writing (herein referred to as a “tax certificate”) the rights hereinafter granted for such breachpayment status of taxes, supplements, changes, special use valuations, land use valuations and exemption status upon any parcel of real property requested. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, CUSTOMER assumes and janitor service shall have the responsibility to include or attach a valid legal description for the Premises during property which cannot be located by CUSTOMER on the times and in the manner that such janitor services are customarily furnished in general office buildings in the areaTax Plant. TaxNet agrees to open all orders for customer when requested. (d) Taxes In the event a parcel or tract of real property covered in a subject request has been split and insurance for which specific tax information is not available, TaxNet shall only be required to furnish tax information for the original parcel or tract, as shown on the Premises, except as otherwise provided hereincurrent records of the taxing authority. (e) Parking In the event the information requested cannot be supplied within the time contemplated by this Agreement, TaxNet shall promptly notify the CUSTOMER and the CUSTOMER shall have the option of either canceling its request (for which no cancellation fee will be provided on assessed) or approving the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other partiesdelay. (f) Landlord TaxNet agrees that it shall supply the necessary personnel to maintain adequately train the exterior and interior employees of CUSTOMER in the proper use of the Building TaxNet applications. Such instruction and Property to include lawn training shall be for an adequate and shrub care, snow removal, maintenance reasonable length of the structure, roof, mechanical and electrical equipment, architectural finish, securitytime, and so on, excluding only those items specifically excepted elsewhere in the Leasecost shall be borne entirely by TaxNet. (g) Landlord may (iCUSTOMER hereby agrees to acquire and/or lease information and/or equipment described on the Attachment(s) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (iihereto and incorporated herein or as added by amendment to this Agreement exclusively from TaxNet, except as provided in sections 1.(f) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord4.(c). (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 2 contracts

Sources: Tax Service Agreement (Lender Processing Services, Inc.), Tax Service Agreement (Lender Processing Services, Inc.)

Services. As long as Tenant is not in default under any Landlord will furnish to the Premises (1) water at those points of supply provided for general use of tenants of the covenants or provisions Building; (2) heating and air conditioning between 8:00 a.m. and 6:00 p.m. on weekdays and from 8:00 a.m. to 1:00 p.m. on Saturdays (collectively "Normal Business Hours"); (3) janitorial service to the Premises on weekdays, other than holidays, for Building-standard installations and such window washing as may, from time to time, be reasonably required; (4) passenger elevators for ingress and egress, provided that Landlord may reasonably limit the number of operating elevators during non-business hours and holidays; and (5) electrical current for Tenant's equipment in a sufficient quantity to meet Tenant's Permitted Use in accordance with the terms of Exhibit ------- H attached hereto, provided that Tenant will be responsible for the cost of any - additional electrical requirements beyond the usage contemplated under this LeaseLease in accordance with Section 5.3 below. At the request of Tenant, Landlord shall will perform routine maintenance in the Premises (i.e. changing light bulbs, repairing door handles, etc.) and upon demand from Landlord, Tenant will promptly pay to Landlord the cost of such repairs and/or services at rates determined by Landlord from time to time. Landlord will maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms Building in reasonably good order and condition condition, except for damage occasioned caused by the act of Tenant, or its employees, agents or invitees. If Tenant desires any heating or air conditioning at any time other than during Normal Business Hours, then such services will be supplied to Tenant upon the written request of Tenant delivered to Landlord not less than twenty-four (24) hours prior to the business day preceding such extra usage, and Tenant, upon demand from Landlord, will pay Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as at rates determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after time, which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. rate is currently Thirty Dollars (h$30.00) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraphper hour. Landlord shall make reasonable effort and Tenant acknowledge that Tenant has access to provide the foregoing servicesBuilding twenty-four (24) hours a day, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionseven (7) days a week.

Appears in 2 contracts

Sources: Lease Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable to the Building and usual business hours for the term Common Areas, as applicable (subject to Tenant’s reimbursement and payment obligations therefor in accordance with the operation of this Lease as follows:Article 5 hereof): (a) Air conditioning Janitor services in and heat for normal purposes onlyabout the office and laboratory portions of the Premises in accordance with the cleaning specifications set forth in Exhibit 6.1, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.Saturdays, Sundays and union and state and federal government holidays (the “Holidays”) excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excessIn addition, Landlord reserves shall strip and re-wax the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute laboratory floors on a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachsemi-annual basis. (b) Electric power Heat and air-conditioning to the Building as required to maintain comfortable temperature 24 hours per day, 7 days per week; provided, however, Tenant shall be responsible for lighting all utility services and operation the cost of office machinesthe same necessary to produce such heat and air-conditioning in accordance with Section 5.4, above, and Tenant shall pay an additional charge for the use of the heating, air conditioning conditioning, and heating as may be required ventilation by Tenant for comfortable occupancy the office portions of the Premises between Monday and Friday from 8:00 a.m. after Normal Business Hours (“Overtime HVAC”) in accordance with Section 6.2, below. The expense charged by Landlord to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to Tenant for any Overtime HVAC shall be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge based on Landlord’s actual cost for such electricity as an addition service (currently $20.00 per hour), but subject to the monthly rental with such charge change from time to be time based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at on Landlord’s option, actual cost to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord provide such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachservice. (c) Lighting replacementHot running water for lavatory purposes and for laboratory, public restroom suppliespilot production and research and development purposes, window washing with reasonable frequencyat the levels existing as of the date hereof, and janitor service cold water to the Premises during Building for cleaning, fire protection, drinking, lavatory and toilet purposes, and for laboratory, pilot production and research and development purposes, at the times and in levels existing as of the manner that such janitor services are customarily furnished in general office buildings in the areadate hereof, drawn through fixtures installed by Landlord or by Tenant with Landlord’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed. (d) Taxes Maintenance of the Common Areas so that they are clean and insurance on the Premisesfree from accumulations of debris, except as rubbish and garbage and exterior drives, walkways and parking areas free of accumulations of snow and otherwise provided hereinin good order, condition and repair. (e) Parking will Access to the Premises and the Common Areas serving the Building twenty-four (24) hours per day, seven (7) days per week, fifty-two (52) weeks per year, except for emergency situations outside of Landlord’s control and subject to Landlord’s Rules and Regulations. Other services shall be available as provided on in Section 6.2 hereof. Landlord shall have the parking lots on right to select the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces utility providers (except to some or the extent that Tenant contracts directly with such providers) and Tenant shall pay all tenants or other parties. (f) actual costs associated with obtaining the utility service as provided in Article 5 hereof. Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay cause to be furnished to the Premises the utilities and services described herein, subject to the conditions and in furnishing any of accordance with the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond standards set forth herein. Landlord’s control nor shall the temporary failure to furnish any of such services when such failure is caused by accidents, the making of repairs, alterations or improvements, labor difficulties, difficulty in obtaining adequate supply of fuel, electricity, steam, water or other service or supplies from the sources from which they are usually obtained for the Building, or governmental constraints or any other cause beyond Landlord’s reasonable control, shall not result in any liability to Landlord. Tenant shall not be construed as an entitled to any abatement or reduction of rent by reason of such failure, no eviction of Tenant or relieve shall result from such failure and Tenant shall not be relieved from the duty performance of observing any covenant or agreement in this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall diligently attempt to resume service promptly. Notwithstanding the foregoing, if there shall be an interruption, curtailment or suspension of any utility or service necessary for the occupancy of the Premises and performing required to be provided by Landlord pursuant to this Section 6.1 (and no reasonably equivalent alternative service or utility is provided by Landlord) that shall materially interfere with Tenant’s use and enjoyment of all or a material portion of the Premises (a “Service Interruption”), and if (i) such Service Interruption shall continue for five (5) consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”), (ii) such Service Interruption is not the result of Force Majeure or any of Tenant’s acts or omissions, and (iii) the provisions restoration of such Service Interruption is in the reasonable control of Landlord, then Tenant shall be entitled to an equitable abatement of Base Rent and Tenant’s Share of Operating Expenses and Taxes, based on the nature and duration of the Service Interruption, the area of the Premises affected, and the then current Base Rent and Tenant’s Share of Operating Expenses and Taxes, for the period that shall begin on the 6th day of such Service Interruption and that shall end on the day such Service Interruption ceases. Notwithstanding anything in this LeaseLease to the contrary, but subject to Article 10 and Article 11 (which shall govern in the event of a casualty or condemnation), the remedies expressly provided in this paragraph shall be Tenant’s sole recourse and remedy in the event of an interruption of Landlord uses reasonable efforts services to cure such interruptionthe Premises.

Appears in 2 contracts

Sources: Lease (Kaleido Biosciences, Inc.), Lease (Kaleido Biosciences, Inc.)

Services. As long as Tenant is The Landlord shall not be responsible for or liable for the delivery of messages, telephone answering service, mail or parcel delivery nor for any service not expressly agreed upon in default under any this agreement or required by the laws of the covenants Commonwealth of Virginia. This agreement shall not terminate without cause because of any interruption of any services, or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Propertyfailure of any appliance to function properly, or because of any inconvenience arising from such as lobbiesinterruption or failure to function properly, stairswhere the Landlord has been notified of any such interruption, atriumsmalfunction, landscaping, corridors and restrooms in good order and condition except for damage occasioned or failure of the above services by the act of Tenant, its employees, agents or invitees, Tenant and where the Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, has made timely efforts to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptedrepair them. Tenant agrees not to use any apparatus or device, in or upon or about turn the Premises which in any way may increase heat below 50° Fahrenheit to prevent the amount freezing of such services usually furnished or supplied the pipes. The Tenant agrees to tenants allow the Landlord to turn heat up to 50° Fahrenheit in the Building, and Tenant further agrees not to connect any apparatus or device with event the conduits or pipes, or other means by which such services pipes are supplied, for the purpose in danger of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such servicesfreezing. The charge Landlord shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlordresponsible for keeping in good and sanitary order and maintaining at his cost and expense the exterior walls, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machinesroofs, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.electrical wiring, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected all appliances provided by the Landlord, water, gas and sewer pipes, and heating system, except where damage and disrepair thereto has been caused by abuse and negligence of the Tenant, his family or guests in which event Tenant shall be responsible for the reasonable costs of repair which shall be considered additional rent and payable in full by Tenant upon receipt of an invoice from Landlord. The Tenant shall be responsible for keeping clean, clear, and unobstructed his own entrance and the steps and walkways, if any, leading to the premises from the public thoroughfare. The Landlord is not responsible for repairing broken glass, window panes, storm door panels, or patio glass broken or by Tenant’s negligence or the negligence of Tenant’s invitees. Landlord will not be responsible for unstopping any waste pipes and water closets that may become choked or clogged. Tenant agrees to keep the premises clean at Landlord’s option, all times; trash and garbage is to be determined by a submeter removed at least twice weekly; to be furnished prevent mice and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge▇▇▇▇▇ problems, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, dirty dishes shall not be liable for damagesleft out, nor shall the rental herein reserved carpets are to be abated for failure vacuumed and cleaned, and floors are to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionkept clean.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Services. As long as Tenant is not in default under any of During the covenants or provisions Term of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide furnish Tenant with the following services during reasonable and usual business hours for the term of this Lease as followsservices: (a) Air conditioning and heat Water for normal purposes only, to provide use in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or devicethe base building bathrooms, in or upon or about any kitchenette areas in the Premises, and in the laboratory portions of the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means have been approved by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power Air flow for lighting and the operation of office machines, air conditioning and heating as may be required for comfortable occupancy by Tenant of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by HVAC systems serving the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachPremises. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to Natural gas for the Premises during operation by Tenant of the times and in boiler system serving the manner that such janitor services are customarily furnished in general office buildings in the areaPremises. (d) Taxes and insurance Passenger elevator service to the floor of the Building on which the PremisesPremises are located, except as otherwise provided hereinon a 24 hours per day, 7 days per week basis; provided, however, Landlord may limit passenger elevator service during times other than Normal Business Hours. (e) Parking will be provided Electrical service to the floor of the Building on which the Premises are located. From and after the Commencement Date, Tenant shall pay to Landlord, as Additional Rent, a charge (the “Tenant Electricity Charge”) as established by Landlord from time-to-time, for electricity consumption in the Premises, based on the parking lots submeter or check meter installed in the Premises. The Tenant Electricity Charge shall be paid by Tenant to Landlord, in advance, on the Property on an unallocated basisfirst day of each calendar month during the Term. Landlord shall, unless Landlordat Tenant’s sole cost and expense, within its discretion assigns reserved spaces maintain and keep in good order, condition and repair the metering equipment used to some or all tenants or other partiesmeasure electricity furnished to the Premises and any equipment exclusively serving the Premises. (f) Landlord agrees to maintain Building security services, consistent with the exterior and interior security services customarily provided by landlords of the Building and Property to include lawn and shrub carefirst-class laboratory/life-science buildings in Cambridge, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the LeaseMassachusetts. (g) Landlord may (i) close Loading dock service in the Building during Building’s loading dock area, available 24 hours per day, 7 days per week on a non-exclusive “first come, first serve” basis with other tenants of the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by LandlordBuilding. (h) Passenger elevator serviceA dumpster at the Building for use by T▇▇▇▇▇ and other tenants and occupants of the Building for disposal of ordinary office waste; provided, if normally provided for Buildinghowever, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, said dumpster shall not be liable used for damages, nor shall the rental herein reserved be abated for failure to furnish or disposal of any delay in furnishing any of Hazardous Materials. Notwithstanding the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of provision contained in this Lease, provided Landlord uses reasonable efforts in no event shall Tenant use electricity, gas, water or any other utilities in excess of the respective per floor limitations and capacities set forth on the Utility Capacity Matrix attached to cure such interruption.this Lease as Exhibit H.

Appears in 2 contracts

Sources: Lease Agreement (Aurion Biotech, Inc.), Lease Agreement (Aurion Biotech, Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services on all days during reasonable and usual business hours for the term Term of this Lease as followsexcepting Sundays and holidays (which holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day and may, in addition, include any other holiday from time to time observed by Tenant), unless otherwise stated: (aA) Air conditioning Adequate passenger elevator service will be furnished daily as determined by Landlord, including the services of at least one (1) passenger elevator at all times (including holidays), subject to Force Majeure. (B) Conditioned air for heating, ventilating and heat cooling when necessary for normal purposes only, comfort in the Premises will be provided from 8:00 A.M. to provide in Landlord’s judgment, comfortable occupancy 8:00 P.M. Monday through Friday Friday, and 8:00 A.M. and 1:00 P.M. Saturday, in accordance with the standards for the Premises set forth in Exhibit "C" attached hereto and made a part hereof. Whenever heat-generating machines, equipment or lighting fixtures installed by Tenant or excessive electrical usage by Tenant affect the temperature maintained by Landlord in the Premises, Landlord shall be relieved of responsibility for maintaining air conditioning in the Premises, and in such event Landlord further reserves the right at its option to (1) require Tenant to discontinue use of such heat-generating machines, equipment, lighting fixtures or excessive electrical load, or (2) install supplementary air conditioning units in the Premises, the cost, installation, operation and maintenance of which shall be paid by Tenant to Landlord at such rates as Landlord charges from 8:00 a.m. time to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptedtime in the Building. Tenant agrees not that at all times it will cooperate with Landlord and abide by all regulations and requirements which Landlord may prescribe for proper functioning of the ventilating and air conditioning systems. Landlord agrees that it shall make available to use Tenant after-hours HVAC service at the expense of Tenant at times other than those identified above in this Paragraph (B), provided that if Tenant desires any apparatus such service on Mondays through Fridays (holidays described above excepted), it shall request such service from Landlord on or devicebefore 4:00 p.m. on the day for which such service is requested, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants and in the Buildingevent Tenant desires such service on Saturdays or Sundays or holidays (as described above), it shall request such service from Landlord no later than 4:00 p.m. on Friday (for service on Saturday or Sunday) and by 4:00 p.m. on the day preceding any holiday (for service on such holiday). Tenant further agrees not shall pay for all such after-hours HVAC services at Landlord's published rates in effect in the Building from time to connect any apparatus or device with time (the conduits or pipes, or other means published rates currently in effect being $81/hour per fan for water chilled air and $51/hour per fan for circulating air). Tenant may request such after-hours HVAC service by which zone (determined by the respective areas served by separate fan rooms); and if another tenant has also specifically requested such services are supplied, for after-hours service in the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excesssame zone during the same time period as requested by Tenant, Landlord reserves shall reasonably allocate the right to charge for such services. The charge service between Tenant and such other tenants so requesting such service. (C) Electricity for the Premises shall not be furnished by Landlord but shall be payable furnished and billed directly to Tenant by the electric utility company serving the Building. Landlord shall cause the Premises to be separately metered, if necessary. Tenant shall make all necessary arrangements with the utility company for paying for electric current furnished by it to Tenant and Tenant shall pay for all charges for electric current consumed on the Premises during the Term of this Lease. Tenant agrees that the minimum electrical load of the Premises shall be engineered so that during and after normal business hours the minimum temperature required therein shall be maintained by Tenant at all times so long as additional rentalelectrical service to the Premises is not terminated or interrupted through no fault or neglect of Tenant. Should Tenant refuse shall not install or operate any electrical equipment or fixtures that overload lines servicing the Premises or which exceed a connected electrical load of the incidental use equipment of an average of one watt per square foot of the Premises, and an average of 7 ▇▇▇▇▇ per square foot of the Premises when added to make payment upon demand Tenant's electrical load for lighting. (D) Janitorial services, as specified on Exhibit "D" attached hereto and made a part hereof, shall be provided at the sole cost and expense of Landlord, except that commencing on January 1, 1998, all increases in the costs of providing such janitorial services to Tenant in any calendar year in excess charge of Landlord's annualized cost per rentable square foot of providing such services to Tenant in calendar year 1997 shall constitute be paid by Tenant on an estimated basis in monthly installments subject to final year-end adjustment in the same manner as provided for the payment of Operating Expense adjustments in Article 4 hereof. Tenant may from time to time procure directly from Landlord's cleaning contractor at Tenant's Expense such additional cleaning services as are desired by Tenant. (E) Building directory identification of a breach reasonable number of listings for Tenant (not to exceed (10) listings). (F) Additional services (including after-hour cooling and ventilation and the provision of water) may be provided on terms and conditions as may be mutually agreed upon by Landlord and Tenant. Subject to Force Majeure, Tenant and its employees and invitees shall have access to the Premises twenty-four (24) hours a day, seven (7) days a week, fifty-two (52) weeks a year. At times other than normal business hours (i.e. 8 A.M. to 6 P.M. Monday through Friday) access shall be available through limited entrances and subject to regulations and procedures in place in the Building from time to time, including the furnishing of proper employee identification or authorization and the registering of a person's name, room number and time of entry and departure in a register furnished by Landlord and placed in the Lobby of the obligation Building. Tenant shall apply to pay the applicable utility company or municipality for gas, telephone and all other utility services, other than those provided by Landlord, required by Tenant for use in the Premises in accordance with Article 2 hereof and, subject to Article 8 hereof, Tenant shall be responsible for the connection and installation of same. All charges for any services shall be deemed rent reserved under this Lease and shall entitle Landlord be due and payable at the same time as the installment of rent with which they are billed, or, if billed separately, shall be due and payable within twenty (20) days after such billing. In the event Tenant shall fail to the rights hereinafter granted make payment for such breach. services within ten (b10) Electric days from notice from Landlord that such amount has not been received, Landlord may, in addition to all other remedies which Landlord may have for the non-payment of rent without notice to Tenant, discontinue any or all such services (including, without limitation, electric current for lights and power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of in the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.Premises), and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, discontinuance shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish held or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed pleaded as an eviction or as a disturbance in any manner whatsoever of Tenant Tenant's possession, or relieve Tenant from the duty payment of observing and performing rent when due, or vary or change any other provision of this lease or render Landlord liable for damages for any kind whatsoever. Tenant agrees that, to the extent permitted by law, neither Landlord nor its beneficiaries nor any of their respective agents, partners or employees, shall be liable to Tenant, or any of Tenant's employees, agents, customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action, because of any interruption, diminution, delay or discontinuance at any time in the furnishing of any of the provisions above services (including access to the Premises as described above in this Article 9) when such interruption, diminution, delay or discontinuance is occasioned, in whole or in part, by repairs, renewals, improvements or additions, by any strike, lockout or other labor trouble, by inability to secure gas, electricity, water or other fuel at the Building, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord's reasonable control; nor shall any such interruption, diminution, delay or discontinuance be deemed an eviction or disturbance of Tenant's use or possession of the Premises or any part thereof; nor shall any such interruption, diminution, delay or discountenances relieve Tenant from full performance of Tenant's obligations under this Lease, except as otherwise expressly provided herein. Notwithstanding the foregoing, in the event that (i) any interruption or discontinuance of services (including access to the Premises as described above) required to be provided pursuant to this Article 9 which was within the reasonable control of Landlord uses to prevent continues beyond three (3) consecutive business days after written notice to Landlord and materially and adversely affects Tenant's ability to conduct business in the Premises or (ii) the performance by Landlord of repairs in the Building that are not the responsibility of Tenant materially and adversely affects Tenant's ability to conduct business in the Premises and continues beyond three (3) consecutive business days after written notice to Landlord, and on account of such interruption or discontinuance described in clause (i) or such performance of repairs described in clause (ii), Tenant ceases doing business in the Premises (or a material portion thereof), Base Rent shall ▇▇▇▇▇ thereafter (as to the Premises or as to such material portion thereof, as the case may be) and for so long as Tenant remains unable to conduct its business in the Premises (or such material portion thereof). Landlord agrees to use reasonable efforts to cure restore such interruptioninterrupted or discontinued service or to complete such repairs, as the case may be, as soon as reasonably practicable.

Appears in 2 contracts

Sources: Lease Agreement (21st Century Telecom Group Inc), Office Lease (21st Century Telecom Group Inc)

Services. As long as Tenant is not in default under any Landlord shall use all reasonable efforts to furnish to Tenant: (i) water at those points of supply provided for general use of tenants of the covenants Building; (ii) during Normal Business Hours, heated and refrigerated air conditioning as appropriate, at such temperatures and in such amounts as are required by governmental authority or provisions of this Lease, as Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours reasonably determines are standard for the term of this Lease as follows: Building; (aiii) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor janitorial service to the Premises five days per week, other than Holidays which fall during the times such five-day period, for Building-standard installations and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations window washing as may from time to time be prescribed by Landlord. reasonably required; (hiv) Passenger elevator serviceelevators for ingress and egress to the floor on which the Premises are located, if normally in common with other tenants, provided for Buildingthat Landlord may limit the number of operating elevators during non-business hours, daily from 7:00 a.m. to 6:00 p.m.during repairs, and Saturday from 8:00 a.m. to 12:00 p.m.Holidays; (v) replacement of Building-standard light bulbs and fluorescent tubes, Sunday provided that Landlord’s standard charge for such bulbs and holidays excepted. Automatic elevator service tubes shall be deemed “elevator services” within paid by Tenant; (vi) electrical current during Normal Business Hours for equipment whose electrical energy consumption does not exceed normal office usage; and (vii) such security Services for the meaning Complex as Landlord from time to time determines, currently consisting of this paragraph. a security guard on duty at the Complex on a 24 hours per day, 7 days per week, 365 days per year basis; provided, however, Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any such security personnel, Service or procedures, that Tenant is not relying and shall make reasonable effort to provide the foregoing servicesnot hereafter rely on any such personnel, but in any eventService or procedures, and that Landlord shall not be responsible or liable for damages, nor shall the rental herein reserved be abated in any manner for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any charactersecurity personnel, Services, procedures or by inability equipment to secure electricityprevent, fuelcontrol or apprehend anyone suspected of theft or causing personal injury or damage in, supplies, machinery, equipment on or labor, around the Project or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of Complex. Notwithstanding anything otherwise set forth in this Lease, provided Tenant shall have after hours HVAC Service available to the Premises at all times. For all such after-hours HVAC Services used by Tenant, Tenant shall pay to Landlord uses reasonable efforts as Additional Rent such standard charge per hour per zone as Landlord shall from time to cure time reasonably establish, plus a five percent (5%) administrative fee thereon. Each zone is roughly 900 to 1,000 square feet. Landlord’s current estimated charge for after- hours HVAC is $9.15 per hour, per zone, but the same is subject to adjustment by Landlord from time to time. All payments for such interruptionafter-hours HVAC Services shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within ten (30) days after such billing.

Appears in 2 contracts

Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Services. As Landlord shall furnish the following services: (A) Automatically operated elevator service, public stairs as allowed by appropriate authorities, electrical current for lighting, incidentals, and normal office use, and water at points of supply designated by Landlord and provided for general use of its tenants at all times and on all days throughout the year. (B) Heat and air conditioning on Monday through Friday from 8:00 A.M. to 6:00 P.M., except Saturdays, Sundays and those holidays as declared by Landlord, in Landlord's sole discretion. Landlord shall also, at Tenant's sole cost and expense to be charged as rent, furnish heat and air conditioning at such other times as are not set forth above, provided Tenant gives written request to Landlord before 2:00 P.M. of the business day preceding the extra usage. Upon Tenant's written request, additional heat and air conditioning will be made available at $25.00 per hour after regular office hours the first year of the Lease. This rate shall be adjusted annually in relation to actual cost. Such services shall be provided only as long as Tenant is not in default under any of the terms, provisions, covenants or provisions and conditions of this Lease, Landlord which services shall maintain be subject to interruption caused by repairs, renewals, improvements, changes to service, alterations, strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, acts of God and conditions and causes beyond the control of Landlord, and upon such happening, no claim for damages or abatement of rent for failure to furnish any such services shall be made by Tenant or allowed by Landlord. No electric current shall be used except that furnished or approved by Landlord, nor shall electric cable or wire be brought into the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with except upon the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent and approval of Landlord. Should Tenant shall only use such services under this provision office machines and equipment that operate on the Building's standard electric circuits, but which in no event shall overload the Building's standard electric circuits from which the Tenant obtains electric current. Any consumption of electric current in excess of that considered by Landlord to excessbe usual, Landlord reserves normal and customary for all tenants, or which requires special circuits or equipment (the right to charge for such services. The charge installation of which shall be payable at Tenant's expense and shall only be made after receipt of approval in writing from Landlord), shall be paid for by the Tenant as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord paid to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, amount to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay Landlord, based upon demand Landlord's estimated cost of Landlord such excess charge, such refusal shall constitute a breach of electric current consumption or based upon the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachactual cost thereof if separately metered. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 2 contracts

Sources: Office Lease Agreement (Claires Stores Inc), Office Lease Agreement (BMS Distributing Corp.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide furnish the following services to Tenant during reasonable and usual business hours for the term of this Lease as follows:(“Building Standard Services”): (a) Air conditioning Hot and heat for normal purposes only, cold domestic water to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. common use rest rooms and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or devicetoilets, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means amounts as are reasonably determined by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting Subject to curtailment as required by governmental laws, rules or mandatory regulations, central heat and operation of office machines, air conditioning in season, at such temperatures and heating in such amounts as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as are reasonably determined by an independent engineer selected by the Landlord, or Landlord and on such dates and at Landlord’s option, to be determined by a submeter to be furnished such times as are more particularly described on Exhibit C attached hereto and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachincorporated herein. (c) Lighting replacement, Electric lighting service for all public restroom supplies, window washing with reasonable frequency, areas and janitor special service to areas of the Premises during the times Building in such amounts and in the manner that such janitor services locations as are customarily furnished in general office buildings in the areareasonably determined by Landlord. (d) Taxes Janitor service in accordance with the Janitorial Specifications attached hereto and insurance on incorporated herein as Exhibit H; however, if Tenant’s floor coverings or other improvements are other than building standard commercial grade, Tenant shall pay one hundred and fifteen percent (115%) of the Premisesactual additional cleaning cost, except as otherwise provided hereinif any, attributable thereto, and if supplying such additional cleaning service requires active managerial oversight by Landlord, Landlord shall be entitled to collect an administrative fee equal to fifteen percent (15%) of the cost of such service. (e) Parking will Access control for the Building shall be provided on to the parking lots on extent and in the Property on an unallocated basismanner reasonably determined by Landlord; provided, unless Landlordhowever, within Landlord shall have no responsibility to prevent, and shall not be liable to Tenant for, any liability or loss to Tenant, its discretion assigns reserved spaces agents, employees and visitors arising out of losses due to some theft, burglary, or damage or injury to persons or property caused by persons gaining access to the Leased Premises, and Tenant hereby releases Landlord from all tenants liability for such losses, damages or other partiesinjury. (f) Landlord agrees Electrical service to maintain floors with plug-in type bus risers sized to provide 8.0 w▇▇▇▇ per useable square foot of electrical connected load capacity for tenant use above and beyond the exterior and interior base building electrical requirements. Of that, 6.0 w▇▇▇▇ per useable square foot of electrical connected load capacity will be available in 480/277V panels for tenant use leaving 2.0 w▇▇▇▇ per useable square foot available in the bus riser for future tenant electrical loads. Of the 6.0 w▇▇▇▇ per useable square foot, 3.0 w▇▇▇▇ per useable square foot of electrical connected load capacity will be available in 208/120V panels for tenant use leaving 3.0 w▇▇▇▇ per useable square foot of capacity in the 480/277V panels for future tenant electrical loads. This capacity is part of the 6.0 w▇▇▇▇ per useable square foot of power for tenant’s use noted above. Should Tenant’s total rated electrical design load exceed the Building and Property to include lawn and shrub careStandard rated electrical design load for either low or high voltage electrical consumption, snow removal, maintenance or if Tenant’s electrical design requires low voltage or high voltage circuits in excess of Tenant’s share of the structureBase Building Shell Condition circuits, roofLandlord will (at Tenant’s expense) install one (1) additional high voltage panel and/or one (1) additional low voltage panel with associated transformer, mechanical space for which has been provided in the base building electrical closets based on a maximum of two (2) such additional panels per floor for all tenants on the floor (which additional panels and transformers shall be hereinafter referred to as the “additional electrical equipment”). If the additional electrical equipment is installed because Tenant’s low or high voltage rated electrical design load exceeds the applicable Building Standard rated electrical design load, architectural finishthen a meter shall also be added (at Tenant’s expense) to measure the electricity used through the additional electrical equipment. The design and installation of any additional electrical equipment (or any related meter) required by Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All expenses incurred by Landlord in connection with the review and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. Tenant shall also pay on demand the actual metered cost of electricity consumed through the additional electrical equipment (if applicable), securityplus any actual accounting expenses incurred by Landlord in connection with the metering thereof. If any of Tenant’s electrical equipment requires conditioned air in excess of Base Building Shell Condition air conditioning, the same shall be installed by Landlord (on Tenant’s behalf), and so onTenant shall pay all design, excluding only those items specifically excepted elsewhere installation, metering and operating costs relating thereto. If Tenant requires that certain areas within Tenant’s demised premises must operate in excess of the Leasenormal Building Operating Hours (as defined in Exhibit C attached hereto), the electrical service to such areas shall be separately circuited and metered such that Tenant shall be billed the costs associated with electricity consumed during hours other than Building Operating Hours. (g) Landlord may (i) close the All Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. Standard fluorescent bulb replacement in all areas and close the Building at 12:00 p.m. on Saturdayall incandescent bulb replacement in General Common Areas, (iii) close the Building all day Sunday, Service Areas and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by LandlordOn-Floor Common Areas. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. Non-exclusive multiple cab passenger service to 6:00 p.m., the Leased Premises during Building Operating Hours and Saturday from 8:00 a.m. at least one (1) cab passenger service to 12:00 p.m., Sunday the Leased Premises twenty-four (24) hours per day and holidays excepted. Automatic non-exclusive freight elevator service during Building Operating Hours (all subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal building operating systems) with such freight elevator service available at other times upon reasonable prior notice and the payment by Tenant to Landlord of any additional expense actually incurred by Landlord in connection therewith. To the extent the services described in subsection (a), (b), (c), (f) and (h) above require electricity and water supplied by public utilities, Landlord’s covenants thereunder shall be deemed “elevator services” within only impose on Landlord the meaning of obligation to use its good faith, reasonable efforts to cause the applicable public utilities to furnish the same. Failure by Landlord to furnish the services described in this paragraph. Landlord shall make reasonable effort to provide the foregoing servicesSection, but in or any eventcessation thereof, shall not be render Landlord liable for damagesdamages to either person or property, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or Tenant, nor work an abatement of rent, nor relieve Tenant from the duty fulfillment of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.covenant or agreement

Appears in 2 contracts

Sources: Office Lease Agreement (Cumberland Pharmaceuticals Inc), Office Lease Agreement (Cumberland Pharmaceuticals Inc)

Services. As long as Tenant is not Use the lists below to indicate the service provider and rate or method of charging if charged by Landlord. Included in default under any of the covenants Rent Charged Separately Outside Vendor Describe rate or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned method if billed by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows:Landlord (a) Air conditioning Tenant shall promptly pay for all utility services when due. Any services furnished by Landlord and heat for normal purposes only, billed to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device shall be paid by ▇▇▇▇▇▇ as additional rent with the conduits or pipes, or other means by which such next payment of monthly rent due after receipt of Landlord's bill. If any services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of provided by Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. then Landlord shall make all reasonable effort efforts to provide the foregoing such services, but in any event, no event shall not Landlord be liable for damages, nor shall the rental herein reserved rent be abated or subject to offset or deduction for temporary failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any characterservices, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an a constructive eviction of Tenant or relieve Tenant from the duty of observing and performing any all of the provisions of this Lease, provided Rental Agreement. Landlord uses shall make all reasonable efforts to cure promptly restore services to the Site. Landlord shall have the right to transfer the responsibility for services shown provided by Landlord and not included in the rent to a municipal or other utility company, and upon notice of such interruptiontransfer, ▇▇▇▇▇▇ agrees to pay the new provider for such service and Landlord shall thereafter not be responsible for the furnishing of any such service. If Tenant fails to pay any charges when due, Tenant shall be in breach of this Rental Agreement. (b) Tenant shall be responsible and pay for connecting and/or disconnecting all utilities from the Home to the utility connection points provided by the Community, including the cost of parts needed for connections. All utility connections shall be done in accordance with all applicable codes and industry standards. Tenant shall maintain an adequate amount of protection in cold weather to prevent damage to the water supply lines and any valves and metering equipment that it may contain. Tenant shall be responsible for any damage resulting from ▇▇▇▇▇▇'s failure to maintain a reasonable amount of protection. (c) Tenant shall comply with all present and future laws and regulations regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse, and trash ("Recycling Laws"). Tenant shall pay any cost which may be imposed upon Tenant directly as a result of the imposition of or change in any Recycling Laws and if such costs are imposed upon Landlord for the benefit of all of the Tenants of the Community, then Tenant shall pay a proportional share of such costs. Tenant shall also pay all costs, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant's failure to comply with Recycling Laws or the provisions of this paragraph. Tenant expressly acknowledges that all the costs in connection with Recycling Laws are not included in the rent. (d) The Site has the electrical service shown on page 1. Tenant acknowledges that changes to electrical service amperage or an increase in water riser size, if requested by Tenant in writing, will be performed at Tenant's expense by Landlord only or by a licensed contractor acceptable to Landlord.

Appears in 2 contracts

Sources: Residential Rental Agreement, Residential Rental Agreement

Services. As A. Landlord shall, so long as Tenant is not in default under any covenant or condition herein contained, furnish: (i) Heating and air cooling when necessary to provide a temperature condition for comfortable occupancy daily 8:00 A.M. to 6:00 P.M. and on Saturdays 8:00 A.M. to 1:00 P.M., Sunday and holidays excepted. Upon written request of Tenant upon reasonable notice to Landlord (which notice periods are available from Landlord’s managing agent from time to time), Tenant may request heating and air cooling during additional hours (reasonably acceptable to Landlord) at a rate of $125.00/hour (which rate may increase from time to time provided such increases shall apply to tenants of the covenants Building on a non-discriminatory basis). When heat generating machines or provisions equipment in excess of this Leasethat which would customarily be used in an office setting are used by Tenant in the Premises, which affect the temperature otherwise maintained by the air-cooling system, Landlord shall maintain reserves the right to install supplementary air-conditioning units in the Premises and the public expense of furnishing such units and common areas installation thereof shall be paid by Tenant. The expense resulting from the operation and maintenance of the Propertysupplementary air conditioning system shall be paid by Tenant to Landlord as Additional Rent at rates fixed by Landlord. (ii) Cold water in common with other tenants for drinking, such as lobbieslavatory and toilet purposes drawn through fixtures installed by Landlord, stairsor by Tenant with Landlord’s prior written consent, atriums, landscaping, corridors and restrooms in good order and condition except warm water for damage occasioned lavatory purposes from the regular supply of the Building. Tenant shall pay Landlord at rates fixed by the act of Tenant, its employees, agents or inviteesLandlord for water furnished for any other purposes, and Landlord may install a water meter at Tenant’s sole cost to measure such usage. Tenant shall also provide not waste or permit the following services during reasonable waste of water. In the event Tenant shall fail to make prompt payment to Landlord for such additional water furnished by Landlord, Landlord, upon ten (10) days’ notice, may discontinue furnishing such additional service and usual business hours no such discontinuance shall be deemed an eviction or disturbance of Tenant’s use of the Premises or render Landlord liable for the term of damage or relieve Tenant from any obligation under this Lease as follows:Lease. (aiii) Air conditioning Customary five (5) day per week janitor service and heat for normal purposes onlycleaning in and about the Premises Saturdays, to Sunday’s, holidays, excepted. Tenant shall not provide in any janitor services or cleaning without Landlord’s judgmentwritten consent and then only subject to approval of Landlord and at Tenant’s sole responsibility and by janitor or cleaning contractor or employees at all times satisfactory to Landlord. (iv) Building access and passenger elevator service in common with Landlord and other tenants on a twenty-four hour, comfortable occupancy Monday through Friday from 8:00 a.m. seven day a week, basis, and daily freight elevator service in common with Landlord and other tenants at reasonable hours to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.be determined by Landlord, Saturdays, Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic Operatorless automatic elevator service shall be deemed “elevator servicesservice” within the meaning of this paragraph. Landlord shall make reasonable effort provide Tenant at commencement of Lease with one electronic key for each 250 square feet of Premises at no charge. If Tenant shall require additional or replacement card keys, Landlord shall provide such additional or replacement card keys at a cost of $12 per electronic key. Tenant shall, at the expiration of the Lease, or upon vacating the Premises, return all keys to provide Landlord or pay $12 per electronic key for each card key not returned. B. All electricity, telecommunication, signal, and other similar services used in the foregoing servicesPremises shall be supplied by the utility company serving the Building. Tenant shall pay as additional rent, but on the date for payment of Rent, the Initial Electric Charge as set forth in Section 1. Such Initial Electric Charge shall be adjusted annually to reflect changes in the cost of electricity provided to the Building. Landlord shall notify Tenant of any change in the Electric Charge and Tenant shall pay, as additional rent commencing on the first day of the first month after such notice, the adjusted Electric Charge. If Tenant operates extensive computer or other energy intensive machinery or equipment in excess of that which would customarily be used in an office setting, or if Tenant requires use of electricity for other than normal and usual lighting and incidental and customary office use after 6:00 P.M. and before 8:00 A.M. on weekdays and after 1:00 P.M. on Saturdays, Landlord may install, at Tenant’s expense, separate meters to measure such excess usage and the costs thereof shall be billed directly to Tenant. Landlord shall not in any eventway be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of such additional service is changed or is no longer available or suitable for Tenant’s requirements. If such additional service be discontinued, such discontinuance shall not in any way affect this Lease or the liability of Tenant hereunder or cause a diminution of Rent or Rent Adjustment and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule or regulation now or hereafter enacted, promulgated or issued. Tenant shall receive such service directly from the utility company and Landlord hereby permits its wires and conduits, to the extent available, suitable and safely capable, to be used for such purposes. C. Landlord does not warrant that any of the services above-mentioned will be free from interruption caused by war, insurrection, civil commotions, riots, acts of God or the enemy, governmental action, repairs, renewals, improvements, alterations, strikes, lockouts, picketing, whether legal or illegal, accidents, the inability of Landlord to obtain fuel, energy or supplies or any other cause or causes beyond the reasonable control of Landlord. No such interruption of service shall be deemed an eviction (or a constructive eviction) or disturbance of Tenant’s use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for damages, nor shall the rental herein reserved be abated for failure to furnish by abatement of rent or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any characterotherwise, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from performance of Tenant’s obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages from interruption or stoppage of service. Tenant agrees to cooperate fully with Landlord, at all times, in abiding by all regulations and requirements which Landlord may prescribe for the duty proper functioning and protection of observing all utilities and performing any services reasonably necessary for the operation of the provisions of Project and the Building. Notwithstanding anything to the contrary in this Section, or elsewhere in the Lease, provided Landlord uses reasonable efforts Tenant’s duty to cure such interruptioncomply with all applicable laws, rules, regulations or requirements shall not obligate Tenant to make, or cause to be made, any alterations, additions or improvements, structural or otherwise, to the Premises.

Appears in 2 contracts

Sources: Office Lease (AveXis, Inc.), Office Lease (AveXis, Inc.)

Services. As long (a) Landlord agrees to furnish to the Premises as Tenant is not part of Building services (and included in default Additional Rent payable under any Paragraph 5(a)(iii)) points of supply for electricity for lighting and the operation of office equipment, and water as may be required for the comfortable occupation of the covenants or provisions Premises for general office use. If restrooms are not included within the demised Premises, restroom (toilet) facilities shall be provided by Landlord for use by Tenant and its employees and licensees in the common area of the Building. Landlord shall provide unmanned passenger elevator service if there is an existing elevator in the Building as of the date of this Lease and subject to the Building Rules, on business days established in accordance with this Lease, Landlord shall maintain will supply janitorial services in the Premises and the public and common areas area of the PropertyBuilding. In addition, subject to the Building Rules, during the business hours and on the business days established in accordance with this Lease, Landlord will supply heat, ventilation and air- conditioning (“HVAC”) as may be required for the comfortable occupation of the Premises. Landlord shall have the right to cooperate voluntarily with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. Landlord, however, shall not be liable for failure to furnish or reduction in any of the foregoing services for any reason, nor shall Landlord be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing, nor shall any such failure relieve Tenant from the duty to pay the full amount of rent herein reserved, or constitute or be construed as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act a constructive or other eviction of Tenant. Notwithstanding the foregoing, provided no Event of Default shall then be declared under this Lease, if: (i) any utility service is interrupted because of the negligent acts of Landlord, its employees, agents or inviteescontractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of Tenant; (iv) such interruption is not caused by a fire or other casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, 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), then, on the second (2nd) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable and the date Tenant provides Landlord with an Interruption Notice, Base Rent payable hereunder shall be abated on a per diem basis for each day after such two (2) business day period based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. The foregoing abatement of Base Rent shall be the sole and exclusive remedy of Tenant for a Utility Interruption. (i) Tenant’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond the business hours of the Building as established pursuant to the Building Rules, or overall load, that which Landlord determines to be customary for general office use or which exceeds the capacity of the existing panel or transformer serving the Premises. Tenant shall pay (as additional rent) all costs attributable to Tenant’s use and consumption of water and electricity in the Premises (including, without limitation, HVAC) (collectively, “Premises Utility Consumption”). (ii) Without limiting the generality of the terms of Paragraph 12(b)(i) above, Landlord has previously installed, at its expense, separate meters or other measuring devices to measure Tenant’s Premises Utility Consumption. From time to time, and based on the readings from the separate metering devices installed by Landlord, Landlord shall also provide have the following services right to notify Tenant of Landlord’s monthly estimate of the cost of Premises Utility Consumption (a “Monthly Estimate”). When Landlord notifies Tenant of the Monthly Estimate, Tenant shall thereafter pay the Monthly Estimate, as additional monthly rent, on the first day of each month together with the payment of Base Rent, without further notice or demand by Landlord. Landlord shall have the right to change the Monthly Estimate from time to time upon not less than thirty (30) days advance written notice to Tenant. The additional monthly rent for Premises Utility Consumption shall be prorated on per diem basis for any partial calendar month during reasonable and usual business hours the Term as provided in Paragraph 5(a)(i). Landlord’s failure to ▇▇▇▇ Tenant for Premises Utility Consumption for any given period shall not constitute Landlord’s waiver of its right to collect such amount at a later date or otherwise prejudice Landlord’s rights hereunder. Landlord’s statement delivered pursuant to Paragraph 7(b) shall contain a final statement of Premises Electrical Consumption charges for the term prior calendar year and any adjustment to payments of this Lease Monthly Estimates shall be made in the same manner as follows:provided therein, and such statement shall contain any necessary’ reconciliation, and is subject to Tenant’s audit rights provided in Paragraph 7(d). (ac) Air conditioning Tenant shall be solely responsible for, and heat shall separate contract, for normal purposes onlyjanitorial and cleaning services to and in the Premises, including, without limitation, on single tenant occupancy floors, the restrooms located on said floors, and the rooftop deck, through a Landlord-approved vendor engaged by Tenant and reasonably acceptable to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. . Janitorial service shall include trash removal services to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants a Landlord designated location in the Building, and Tenant further agrees shall pay directly for such trash removal services. If and to the extent Tenant’s business operations generate trash (other than that provided through janitorial services) in excess of that allotted to the storage bins allocated to Tenant, the cost of such additional trash removal services shall be separately charged to Tenant, by Landlord, based on the charges incurred by Landlord from Landlord’s trash removal service that are attributable to Tenant’s generation of (trash and garbage, and the same shall be payable as additional rent under this Lease. (d) (i) Tenant shall pay for all voice and data services, and all such services shall be subject to the terms of Paragraph 12(c). Except as provided for in Paragraph 12(d)(ii), Tenant shall not alter, modify, add to or disturb any telecommunications wiring or cabling in any portion of the Building without Landlord’s prior written consent, not to connect be unreasonably withheld. Landlord shall provide, at no expense to Tenant (other than as an item of Operating Expenses), a demarcation panel in the Building (located in the vicinity of the main point of entry established for telecommunications services) (the “MDF”) and, at Landlord’s cost, one or more vertical and horizontal riser pathways from the MDF to the Premises at a location approved by Landlord in connection with Landlord installation of the Tenant Improvements (not to exceed one inch in diameter) for the installation, at Tenant’s sole cost and expense, of Tenant’s telecommunications wiring, cabling and conduit; provided, however, Landlord shall have no obligation (and Tenant shall have no right) to increase the size and/or capacity of the existing telecommunications distribution facilities in the Building. Any and all telecommunications equipment serving Tenant and the Premises and connecting to or from the MDF shall be located solely in the Premises. Tenant shall maintain and repair all telecommunications cabling and wiring within or exclusively serving the Premises, and Tenant shall only be permitted to access the MDF and any apparatus or device of the vertical and horizontal pathways outside the Premises where Tenant’s telecommunications wiring, cabling and conduit are located with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without prior written consent of Landlord, not to be unreasonably withheld, and for purposes of confirming interconnection with the MDF and for installations approved by Landlord. Should Tenant use such services under this provision shall be liable to excessLandlord for any damage to the telecommunications cabling and wiring in the Building due to the act (negligent or otherwise) of Tenant or any employee, agent or contractor of Tenant. Landlord reserves the right to limit the number of local exchange carriers and competitive alternative telecommunications providers (collectively, “TSPs”) having access to the Building’s riser system and infrastructure, and Landlord reserves the right to charge TSPs for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand the use of Landlord’s telecommunications infrastructure and other Building systems; provided, such excess charge shall constitute a breach however, in all cases, Landlord will provide Building access to at least one TSP for voice and data connectivity to tenants of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachBuilding. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 2 contracts

Sources: Office Lease (ThredUp Inc.), Office Lease (ThredUp Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain provide at its sole cost and expense on the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: Commencement Date (a) Air conditioning water and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord sewer service connections to the rights hereinafter granted for such breach. Leased Premises, (b) Electric power electricity service connections to the electrical box mounted on the outside of the Leased Premises, and (c) telephone service connections to the telephone box adjacent to the Leased Premises (the “Essential Building Services”). The Essential Building Services shall be provided by the applicable utility providers in manner, quantity and quality equal to utility services provided to buildings of comparable size, use and location. Tenant shall arrange for lighting connection to such services and operation pay directly to the appropriate supplier all cost of office machinesutility services to the Leased Premises, air conditioning including, but not limited to, security deposits, initial connection charges, taxes, penalties, surcharges or the like, all charges for gas, electricity, telephone, water, sprinkler monitoring devices, sanitary and heating storm sewer service, and security systems. Tenant shall pay all costs caused by Tenant introducing excessive pollutants or solids other than ordinary human waste into the sanitary sewer system, including permits, fees and charges levied by any governmental subdivision for any such pollutants or solids. Tenant shall be responsible for the installation and maintenance of any dilution tanks, holding tanks, settling tanks, sewer sampling devices, sand traps, grease traps or similar devices as may be required by any governmental subdivision for comfortable occupancy Tenant’s use of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.sanitary sewer system. Except as set forth herein, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to shall not be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing any utility services, but supplies’ or upkeep in any event, connection with the Leased Premises. Tenant agrees that Landlord shall not be liable to Tenant in any respect for damagesdamages to either person, nor shall the rental herein reserved be abated for failure to furnish property or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes business on account of any character, interruption or by inability to secure electricity, fuel, supplies, machinery, equipment failure of utility services. No such interruption or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services may be construed as an eviction of Tenant or relieve entitle Tenant from to (i) any abatement of rent unless the duty interruption or failure of observing and performing any utilities is the result of the provisions gross negligence or willful misconduct of this Landlord or any Landlord Party, (ii) terminate the Lease, provided or (iii) be relieved from fulfilling any covenant or agreement contained herein. Should any malfunction of the improvements or facilities to the Leased Premises (which by definition do not include any improvements or facilities of Tenant above standard improvements for the Leased Premises) occur for any reason, Landlord uses shall use reasonable efforts diligence to cure see that such interruptionmalfunction is corrected promptly.

Appears in 2 contracts

Sources: Commercial Lease (Oxford Immunotec Global PLC), Commercial Lease (Oxford Immunotec Global PLC)

Services. As long as Landlord shall furnish Tenant is not in default under any during Tenant’s occupancy of the covenants Premises the following services: (i) janitorial service in accordance with the Cleaning and Janitorial Service specifications attached hereto as Exhibit B, (ii) domestic water at those points of supply for normal lavatory and drinking purposes to be drawn from the public lavatory in the core of the floor on which the Premises are located, (iii) electricity for normal, Building Standard office uses subject to Section 12, (iv) elevator service at the times and frequency reasonably required for normal business use of the Premises, (v) lamp and ballast replacement for Building Standard light fixtures, (vi) HVAC service between 7:00 o’clock a.m. and 7:00 o’clock p.m. on Monday through Friday (“Building Standard Hours”), except on New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, the date after Thanksgiving Day, Christmas Day and other holidays designated by Landlord (“Holidays”). If any Holiday falls on a weekend, the Building may observe the Holiday on the preceding Friday or provisions of this Leasethe succeeding Monday. In addition to HVAC service provided during Building Standard Hours, Landlord shall maintain shall, upon Tenant’s request, provide HVAC service to the Premises between the hours of 8:00 o’clock a.m. and the public and common areas of the Property1:00 o’clock p.m. on Saturday, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of at no additional charge to Tenant, its employees, agents or inviteesprovided that such request is made no later than noon on the immediately preceding day. Tenant may periodically request, and Landlord shall also provide furnish, HVAC service on days and at times other than those referred to above, provided Tenant requests such service in accordance with the following Project Rules, defined below, then in effect, and agrees to reimburse Landlord for this service at the then existing rate being charged in the Building. If Tenant utilizes services during reasonable and usual business hours for provided by Landlord hereunder in either quantity and/or quality exceeding the term quantity and/or quality customarily utilized by normal office uses of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants comparable premises in the Building, and Tenant further agrees not to connect any apparatus then Landlord may separately meter or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts otherwise monitor Tenant’s use of such services, without written consent and charge Tenant a reasonable amount for such excess usage; such amount shall constitute additional Rent due hereunder within fifteen (15) days of Tenant’s receipt of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge ’s statement for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machinesexcess. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damagesany damages directly or indirectly resulting from, nor shall the rental herein reserved any Rent be abated for failure to furnish by reason of, the installation, use or interruption of use of any delay equipment in connection with furnishing any of the foregoing services when there are disturbances or labor disputes of any characterservices, or by inability failure to secure electricity, fuel, supplies, machinery, equipment furnish or labor, delay in furnishing any such service except when such failure or delay is caused by the making gross negligence or willful misconduct of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary . The failure to furnish any of such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of its obligations under this Lease. Tenant shall, at Tenant’s expense, be responsible for cleaning and maintaining any Above Standard improvements or fixtures, including Above Standard Tenant Work, defined below, and Above Standard Initial Improvements, in the Premises. If any governmental entity imposes mandatory or suggests or requests voluntary controls or guidelines on Landlord or the Project or any part thereof, relating to the services provided by Landlord, or the reduction of emissions, Landlord uses reasonable efforts may make such alterations to cure the Building or any other part of the Project related thereto and take such interruptionother steps as are necessary to comply with such controls and guidelines, the cost of such compliance and alterations shall be included in Operating Expenses, and Landlord shall not be liable therefor, for damages or otherwise, nor shall the same be construed either as an eviction of Tenant, or result in an abatement of Rent. Provided, however, that if Landlord shall fail to provide any service to Tenant that Landlord is required to provide to Tenant hereunder, and such failure shall persist for a period of fourteen (14) days after Landlord’s receipt of written notice from Tenant of the existence of such failure, and such failure is not due to a Force Majeure Event, defined below, and as a result of such failure, the Premises or a portion thereof shall be substantially unusable by Tenant for the purposes for which they were leased to Tenant hereunder, then, commencing with the expiration of such fourteen (14) day period, Tenant’s Rent due under this Lease shall ▇▇▇▇▇ in the proportion that the rentable square footage of the portion of the Premises rendered substantially unusable by such failure bears to the total Rentable Area of Premises for the period of time that such portion is substantially unusable.

Appears in 2 contracts

Sources: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Services. As long (A) During the Lease Term, Tenant may use any existing utility service connection into the Premises and Tenant, at its sole expense, shall continuously maintain throughout the Lease Term all such utility service, and the Parties shall promptly commence working with their respective engineers, consultants, and utility service providers to plan the separate or consolidated service lines and metering as Tenant is not in default under any will best serve the Premises and Landlord's remaining property after the subdivision of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas construction of the PropertyProject. If Tenant exercises the Purchase Option, the Premises will be conveyed with the continuing right to maintain such as lobbies, stairs, atriums, landscaping, corridors utility and restrooms services lines and connections in good order and condition except for damage occasioned the reconfigured manner that has been agreed upon by the act of TenantParties in accordance with Section 22.02 hereof. Tenant shall pay to the appropriate utility company or other provider directly, its employeesor at Landlord's election to Landlord, agents or inviteesfor all water, gas, heat, electricity, light, power, sewer, and Landlord shall also provide any other utilities and services utilized by or on the following services during reasonable Premises, together with any taxes thereon, connection charges and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepteddeposits. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right during the Lease Term to charge grant easements for such services. The charge shall be payable as additional rental. Should Tenant refuse public utility access on, over or below the Premises with prior notice to make payment upon demand and approval of LandlordTenant, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machineswithout any abatement in Rent, air conditioning and heating as may be required for comfortable occupancy provided that said easements or access do not unreasonably interfere with Tenant's Permitted Use of the Premises between Monday nor violate or conflict with any permits, site plans, or similar approvals applied for or obtained by Tenant in connection with its development of the Project. Tenant shall arrange for and Friday pay for all telephone and other communication services and equipment, including any additions or alterations to the existing telephone service boards and conduit. Tenant acknowledges that on the Commencement Date, certain utility contracts and administrative and billing duties related to the operation of the Powerhouse or administration of the Konarka ESA may not be completely transferred over from 8:00 a.m. Landlord to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machinesTenant. Landlord reserves and Tenant shall reasonably cooperate following the rightCommencement Date to promptly effect such transfer. To the extent Landlord incurs any administrative cost or operational cost related to the Powerhouse or administration of the Konarka ESA after the Commencement Date, if consumption then Tenant shall pay over to Landlord any amounts paid under the Konarka ESA in respect of electricity exceeds that required for normal office use as specifiedsuch cost. Further, to include a charge for such electricity as an addition the extent Tenant receives any payment under the Konarka ESA with respect to any period prior to the monthly rental with Commencement Date, Tenant shall promptly remit such charge payment to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (hB) Passenger elevator service, if normally provided Landlord shall provide maintenance for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” the roads located within the meaning of this paragraphComplex during the Term hereof. During the Term, Tenant shall reimburse Landlord shall make reasonable effort to provide for the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes cost of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary minor road maintenance (but not capital repairs or improvements replacements) attributable to the Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 2 contracts

Sources: Power Plant Operation and Development Lease With Purchase Option (Laidlaw Energy Group, Inc.), Power Plant Operation and Development Lease With Purchase Option (Laidlaw Energy Group, Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, 8.1 Landlord shall maintain the Premises and the public and common areas of the Property, such as Common Areas including any lobbies, stairs, atriums, landscapingelevators, corridors and restrooms restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building and the mechanical, plumbing and electrical equipment servicing the Building, in good order and condition and in a manner consistent with first class office buildings in the Southfield, Michigan market and, to the extent permitted under Section 5, the cost shall be included in Expenses, except for damage the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the act intentional acts of Tenant, its employeeswhich Tenant shall pay to Landlord in full. 8.2 Tenant agrees to purchase from Landlord or from a meter company designated by Landlord, agents all electric current consumed, used or inviteesto be used in the Demised Premises, and to pay to Landlord shall also provide or to a meter company designated by Landlord as Additional Rent therefor pursuant to the following services terms of this Lease for the supply of electric service at the General Service Rate No. D3 that was published February 6, 2013 (the "Rate") pursuant to which Landlord then purchased electric current from the Public Utility ("Public Utility") supplying a portion of the Building of which the Demised Premises are a part, or if any increase in rates becomes effective during reasonable and usual business hours for the term of this Lease as follows: for similar service by any Public Utility servicing the part of the City where the Building is located; if the Rate or charge (aincluding any adjustments and all applicable taxes) Air conditioning to be paid by Landlord is increased, at any time after, such increase or increases shall be paid by Tenant to Landlord or meter company designated by Landlord, when billed. The amount to be paid by Tenant for current consumed shall be determined by the submeter or submeters on the Demised Premises or to be installed by Landlord at Landlord’s sole costs and heat billed according to the consumption and demand shown on the submeters which shall be billed based on the Rate. Bills for normal purposes onlycurrent consumed shall be rendered by Landlord, or the meter company, to provide Tenant at such times as Landlord may elect. In the event Tenant is late in Landlord’s judgmentthe payment of electricity pursuant to this paragraph, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use beyond any apparatus or deviceapplicable grace period, in or upon or about the Premises which in any way may increase the amount two (2) months out of such services usually furnished or supplied to tenants in the Buildinga twelve month period, and Tenant further agrees not to connect any apparatus or device shall deposit with the conduits or pipesLandlord, or other means the meter company designated by which such services are suppliedLandlord, security equal to one month's electricity charges for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Demised Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by the greatest electricity charge for any one month during the twelve month period immediately preceding the date that the second payment is not made on time in any twelve (12) month period multiplied by three (3) (the “Electric Deposit”). Landlord may, but shall have no obligation to, use, apply or retain all or any portion of the Electric Deposit for payments required under this Section 8.2 or for the payment of any other sum to which Landlord may become obligated by reason of Tenant’s default of its obligations under this Section 8.2, or to compensate Landlord for any loss or damage which Landlord may suffer thereby under this Section 8.2. If Landlord so uses or applies all or any portion of the Electric Deposit, Tenant shall within ten (10) days after demand therefor deposit cash with Landlord in an independent engineer selected amount sufficient to restore the Electric Deposit to the full amount thereof. Landlord shall not be required to keep the Electric Deposit separate from its general accounts. If Tenant performs all of Tenant’s obligations hereunder, the Electric Deposit or so much thereof as has not theretofore been applied by the Landlord, shall be returned, without payment of interest or other increment for its use, to Tenant (or, at Landlord’s option, to the last assignee, if any, of Tenant’s interest hereunder) within forty-five (45) days following the Expiration Date, and after Tenant has vacated the Demised Premises in the condition required hereby. No trust relationship is created herein between Landlord and Tenant with respect to the Deposit. In the event Tenant is late in the payment of electricity pursuant to this Section 8.2, beyond any applicable notice grace or cure period, in an amount representing such cumulative charges for any four (4) months (indicating that, at the time, Tenant has consumed and been billed for electricity pursuant to this Section 8.2 corresponding to three (3) prior months and, at the time, Tenant has failed to pay these amounts despite being provided notice as required under this Lease, and, at the time, all grace and cure periods applicable to all such amounts have expired), Landlord and the meter company designated by Landlord shall have the right, without incurring any liability of any kind, to terminate providing and furnishing electricity to the Demised Premises upon five (5) days prior written notice. Any tax now in effect or hereinafter imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant by any Municipal, State or Federal agency shall be determined passed on to Tenant and included in the bills of and paid by a submeter Tenant to Landlord or meter company designated by Landlord. In the event that the "submetering" of electric current in the Building containing the Demised Premises is hereafter prohibited by any law hereinafter enacted, or by any order or ruling of the State of Michigan or the City of Southfield, or by any judicial decision of any appropriate court, Tenant will, at the written request of Landlord, apply within twenty (20) days to the appropriate Public Utility servicing the Building containing the Demised Premises for direct electric service, and comply with all rules and regulations of such Public Utility pertinent thereto. Until the Public Utility begins serving the Demised Premises directly, Landlord shall continue to supply such services pursuant to the terms of this Section 8.2. Upon commencement of services directly from the Public Utility, Landlord and/or the meter company theretofore designated by Landlord shall be furnished relieved of any further obligation to furnish electric current to Tenant pursuant to this Section 8.2. In the event that "submetering" is discontinued and installed in the event Tenant obtains direct service from the Public Utility servicing the Building containing the Demised Premises, Landlord will at its own cost and expense, furnish and install all risers, service wiring, switches, meter equipment and meters that may be necessary for such installation, and will at its own cost and expense maintain and keep in good repair all such riser, risers, wiring and/or switch or switches, meter equipment and/or meter or meters. In the event any legislature, or order of the Public Service Commission or any judicial body enacts any law, ruling or regulation to effect the service classification or rate under which Tenant now purchases electric current from Landlord, then and in that event, Tenant will pay as Additional Rent to Landlord or Landlord's designated agent for the use and maintenance of the Building's electric distribution system an amount equal to the Rates or charges hereinabove described and that Rate or charge as set forth by any legislature, order of any government body or any judicial body after the date hereof. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric services is changed or is no longer available or suitable for Tenant’s requirements. In no event shall Tenant use or install any fixtures, equipment or machines, the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises, would result in an overload of the electric circuits servicing the Demised Premises or the Building. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the then existing feeders to the Building or the risers or wiring installations serving the Demised Premises. Landlord shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Demised Premises, at Tenant’s sole cost and expense. If All lighting tubes, lamps, bulbs and ballasts so installed shall become Landlord’s property upon the Tenant refuses Expiration Date or sooner termination of this Lease. 8.3 Landlord shall furnish the Demised Premises with (a) heat, ventilation and air conditioning to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach the extent required for the occupancy of the obligation Demised Premises to pay rent under this Lease standards of comfort and during such hours in each case as reasonably determined by Landlord for the Building (which hours, until Landlord shall entitle Landlord otherwise designate, shall be from 7:00 a.m. to the rights hereinafter granted for such breach. 6:00 p.m. on weekdays and from 7:00 a.m. to 12:00 p.m. on Saturdays; in each case except Holidays (collectively “Business Hours”) or as may be prescribed by any applicable policies or regulations adopted by any utility or governmental agency, (b) elevator service during Business Hours, and (c) Lighting replacement, public restroom supplies, window washing janitorial service in accordance with reasonable frequency, and janitor service Exhibit ”C” hereto only to the areas of the Demised Premises during the times used for office purposes Monday through Friday, Holidays excepted , and in the manner that such janitor services are customarily furnished in general comparable first class office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces that Landlord shall not provide janitorial services to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior any portion of the Building Demised Premises used for other than office purposes such as preparing, dispensing or consumption of food or beverages or as an exhibition area or for storage, shipping room, washroom or similar purposes, or as private restrooms or a shop or for the operation of computer data processing, reproduction, duplicating or similar equipment. In addition, Landlord shall replace all burned out fluorescent (only) tubes, ballasts and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, securitystarters, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service Tenant shall be deemed “elevator services” within the meaning of this paragraphbilled therefor. Landlord shall make reasonable effort to provide the foregoing services, but not be in any event, shall not default hereunder or be liable for damagesany damages directly or indirectly resulting from, nor shall the rental herein reserved be by abated for by reason of: (1) the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, (2) failure to furnish or any delay in furnishing any of the foregoing such services when there are disturbances such failure or labor disputes delay is caused by accident or any condition beyond the reasonable control of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, Landlord or by the making of necessary repairs or improvements to Premisesthe Demised Premises or to the Building or the Development, or unavailability (3) any limitation, curtailment, rationing or restriction on use of utilities due to governmental restrictions water, electricity, steam, gas or any other conditions beyond Landlord’s control nor form of energy serving the Demised Premises or the Building or the Development. Landlord shall use reasonable efforts diligently to remedy any interruption in the temporary failure to furnish any furnishing of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of services. Notwithstanding the provisions of this LeaseSection 8.3, Landlord shall not be required to provide ventilation and air conditioning to the Demised Premises as herein provided if Tenant shall utilize in the Demised Premises heat generating equipment or lighting other than building standard lights which affect the temperature otherwise maintained by the air conditioning system or if the Demised Premises are occupied by a number of persons in excess of the design criteria of the air conditioning system, as set forth Exhibit “G” attached hereto and made a part hereof. Tenant shall do nothing in the Demised Premises which is in violation of Exhibit “G.” 8.4 Tenant shall pay as additional rent the cost of providing all heating, ventilating and air conditioning, including all costs associated with the installation of meters for measuring the same, to the Demised Premises in excess of that required for normal office use or during hours requested by Tenant when heating, ventilating and air conditioning is not otherwise furnished by Landlord. Tenant shall notify Landlord uses in writing at least twenty‑four (24) hours prior to the time it requires heating, ventilating and air conditioning during periods the same are not otherwise furnished by Landlord. Notwithstanding the foregoing, Landlord shall only be required to provide heating, ventilating and air conditioning to the extent available utilizing the existing equipment servicing the Building and to the extent that Tenant’s load is equal to or greater than the minimum requirement of the Building’s heating or air conditioning systems, as the case may be. The current hourly rate for this service is $90.00, which shall only be subject to change based on the actual increase in utility or labor costs to provide such services. 8.5 Landlord reserves the right to suspend any service when necessary, by reason of Unavoidable Delays (as defined in Section 37 below), accidents or emergencies or for repairs or alterations (“Restorative Work”) which, in Landlord’s reasonable judgment, are necessary or appropriate until such Unavoidable Delay, accident or emergency shall cease or such Restorative Work is completed and Landlord shall not be liable for any interruption, curtailment or failure to supply services. Landlord shall use reasonable efforts to cure minimize interference with Tenant’s use and occupancy of the Demised Premises as a result of any such interruption, curtailment or failure of or defect in such service, or change in the supply, character and/or quantity of electrical service, and to restore any such services, remedy such situation and minimize any unreasonable interference with Tenant’s business. The exercise of any such right or the occurrence of any such failure by Landlord shall not constitute an actual or constructive eviction, in whole or in part, entitle Tenant to any compensation, abatement or diminution of Basic Rental and additional rent, relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or any Indemnitee (as defined in Section 41 below) by reason of inconvenience to Tenant, or interruption of Tenant’s business, or otherwise. Landlord shall not be liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of electric service furnished to the Demised Premises for any reason except if attributable to the gross negligence or willful misconduct of Landlord. The above notwithstanding, if any suspension of services not caused by the negligence or willful misconduct of Tenant or its agents, contractors or invitees materially interferes with Tenant’s Use of the Demised Premises for more than ten (10) consecutive business days, Annual Basic Rental and Additional Expenses shall ▇▇▇▇▇ until such services are restored. 8.6 The above notwithstanding, Landlord represents and warrants that the minimum electrical service available to the Demised Premises for lighting and power for receptacles and Tenant’s equipment shall be no less than five (5) ▇▇▇▇▇ per square foot. 8.7 Landlord shall provide guard service including a security guard to be stationed in the main lobby of the Building, twenty-four (24) hours a day, seven (7) days per week and a security guard that patrols the parking lot and parking deck during the hours of 5:00 p.m. to 12:00 a.m. Monday through Friday. Additionally, Landlord shall at all times maintain security cameras in quantity and installed at locations reasonably required to monitor the first floor Common Areas and exterior entrances to the Building. 8.8 Landlord shall be obligated to correct any latenet defects in the original design and construction of the Development. 8.9 All services to be provided by Landlord under this Lease shall be performed to a standard consistent with that of other first class office buildings in the Southfield, Michigan market.

Appears in 2 contracts

Sources: Lease (Covisint Corp), Lease (Covisint Corp)

Services. As long as Tenant is not All Services shall be performed by experienced, capable and competent individuals in default under any of the covenants or provisions of a timely, skilful and workmanlike manner and in compliance with this Lease, Landlord shall maintain the Premises MSA and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or inviteeswork order, and Landlord shall also provide be performed with the following services during reasonable level of expertise, care and usual business hours for diligence demonstrated by experienced reputable contractors performing work of a similar nature to the term of this Lease as follows: (a) Air conditioning Services. DNOW shall stock the required items in accordance with NOV forecasts and heat for normal purposes onlyspecifications. If the Services provided by DNOW fail to conform to the warranties set forth above, to provide in LandlordDNOW shall, at its sole expense and at NOV’s judgmentoption, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about promptly re-perform the Premises which in any way may increase Services at DNOW’s sole cost; refund the amount of money paid by NOV for such services usually furnished nonconforming Services; or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, reimburse NOV for the purpose cost of using additional re-performing the nonconforming Services. This warranty does not extend to normal wear and tear. This warranty shall be null and void if any repairs, modifications, alterations are made to the Goods supplied hereunder during the warranty period by NOV or unusual amounts of such services, by others on its behalf without the prior written consent of LandlordDNOW. Should Tenant use such services NOV’s remedies with respect to Goods supplied under this provision MSA that is found to excess, Landlord reserves the right to charge for such services. The charge be defective shall be payable as additional rentallimited in accordance with this Article 6. Should Tenant refuse DNOW’s total cumulative liability for warranty claims arising from or pertaining to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation any Goods or Services provided or required to pay rent be provided under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any eventMSA, shall not be liable for damages, nor shall in any case exceed the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or purchase price paid by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any NOV of such services be construed as an eviction of Tenant Goods or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionServices. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS WARRANTY IS GIVEN EXPRESSLY AND IN PLACE OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND ALL IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

Appears in 2 contracts

Sources: Master Service Agreement (NOW Inc.), Master Service Agreement (NOW Inc.)

Services. As long as Tenant is not in default under any In consideration of the covenants or provisions of payments specified in this LeaseAgreement, Landlord Contractor shall maintain provide the Premises City with the sales and the public use tax audit services (“SUTA Services”) described herein. Contractor shall provide all labor, material and common areas supervision necessary to perform a detailed audit of the Property, such sales and use tax as lobbies, stairs, atriums, landscaping, corridors described in Section I of the attached “Exhibit A” and restrooms in good order and condition except for damage occasioned as may be assigned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are suppliedDirector, for the purpose of using additional identifying Recoveries from incorrect distributions, including but not limited to Boundary Audits as defined in Article II, or unusual amounts Misallocations of Sales/Use Tax Payments due to the City by the TCPA, with the potential for a cash/credit Recovery from TCPA (“Detailed Review”). The Director shall authorize in writing a list of zip codes for Contractor to conduct Boundary Audits to determine whether business taxpayers are properly taxed in the correct taxing jurisdiction for sales/use tax. The Contractor will not receive any payment for Boundary Audits performed without written authorization by the Director. However, Contractor’s task of finding Misallocation of Sales/Use Tax Payments by the TCPA shall not require the Director’s zip code authorization. After Contractor has performed a Detailed Review and identified errors with a potential for Recovery to be pursued against TCPA (“Claims”), Contractor shall document and present a list of such servicesClaims in writing to the Director for review within 60 calendar days from the date the Contractor has identified the errors with a potential for Recovery, without written consent of Landlordunless the Director agrees to a longer time in writing. Should Tenant use such services under this provision to excess, Landlord reserves (the right to charge for such services“Claims List”). The charge Claims List will include business name and sales tax registration number and estimated potential dollar value of the claim, but will not include the basis for the error. However, the basis for the error will be included in the quarterly reporting. The Director shall have ten business days to review the Claim(s) presented by Contractor and to notify Contractor in writing, including e-mail, as to the Claim(s) the Director desires Contractor to pursue. Contractor shall not pursue any Claim that has not been authorized by the Director, and the City shall have no obligation to pursue any Claim recommended by Contractor, nor shall it be liable to pay Contractor anything for Claims the Director does not decide to authorize Contractor to pursue. Once authorized by the Director, Contractor may pursue each such Claim for twenty-four months dating from the date of the Director’s written authorization to pursue the Claim. Contractor shall provide to the City a copy of all documentation of claims filed with TCPA no less than quarterly and sooner if requested by the City regarding a specific Claim. However, at any time during the twenty-four months period, the Director may withdraw authorization to pursue a Claim by notifying Contractor in writing to cease collection efforts regarding the particular Claim (“Withdrawn Claim”). At no time may the City withdraw a Claim unless it provides Contractor with written documentation that it has the authority not to collect the amounts owed or that it has determined the amounts are not owed to the City. Upon receipt of a written notice from the Director to cease collection efforts on a particular Claim, Contractor shall stop all attempts to collect on the Withdrawn Claim but Contractor does not guarantee that the TCPA will cease its efforts. If the City receives any payment for a Withdrawn Claim (whether from the TCPA, the taxpayer, or through some other means) and the City does not refund all those monies to the taxpayer, Contractor is entitled to apply its fee to the monies the City retains. On the other hand, should Contractor receive payment compensation from the City for Claims paid by TCPA which were later determined by the TCPA that the City is not entitled to or paid to the City in error, and the City later is required to refund the monies to TCPA, then Contractor shall refund the fees related to such Claims to the City. Contractor is not authorized to compromise or settle any Claim or to agree to receive partial payment on any Claim. Contractor is not authorized to receive any payment from TCPA, but rather all payments or credits shall be payable made by TCPA directly to the City. Under no circumstances may Contractor engage or utilize legal counsel to initiate or threaten legal action to pursue any Claim. If at the end of twenty-four months following the date of authorization to pursue a potential Claim, and the expiration of any extensions of that Claim (as additional rental. Should Tenant refuse provided for in section V.C), the TCPA has not remitted the funds to make payment upon demand the City, the Contractor shall cease its active collection efforts of Landlordsuch Claim and return the Claim to the City, such excess charge and the City shall constitute a breach of the have no obligation to pay rent under this Lease and shall entitle Landlord any funds hereunder to Contractor, even though the rights hereinafter granted for such breachCity makes a Recovery against the Claim at a later time. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 2 contracts

Sources: Sales Contracts, Sales Contracts

Services. As long Tenant and any co-tenants of the Dwelling occupied by Tenant shall be solely responsible for paying for electric utility charges pertaining to the Dwelling as well as any water or sewer charges pertaining to the Dwelling. Tenant is not responsible for ensuring that utilities are put in default under any the name of Tenant or one of Tenant's roommates within 72 hours of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas commencement of the PropertyTerm. Should Tenant or Tenant's roommate not fulfill this obligation before the lease commencement or cause it to be transferred back into Landlord's name before surrendering the Dwelling, such as lobbiesTenant will be liable for a $50 charge plus the actual or estimated cost of the utilities used while the utility should have been connected in Tenant's name. Landlord will provide cable, stairsinternet, atriumstrash services, lawn care and landscaping. Neither Landlord nor Agent shall be liable for loss or damages resulting from the interruption of heat, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenantelectricity, its employeeswater, agents sewer, telephone, cable TV or inviteesany other utility services, and Landlord shall also provide the following services during reasonable and usual business hours or for the term malfunction of this Lease as follows: (a) Air conditioning and heat machinery or appliances serving the Leased Premises, Dwellings or any part of the Neighborhood. Neither Landlord nor Agent shall be liable for normal purposes only, injury or damage to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use person or property caused by any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants defect in the Buildingheating, gas, electricity, water, or sewer systems serving the Neighborhood. In no event shall Landlord or Agent be liable for damages or injury to persons or property caused by wind, rain, fire, or other natural damages, and Tenant further agrees not to connect any apparatus or device with the conduits or pipeshereby expressly waives all claims for such injury, loss, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease damage and shall entitle Landlord to the rights hereinafter granted for such breachAGREES TO INDEMNIFY LANDLORD AND AGENT AGAINST ANY AND ALL CLAIMS OF INJURY OR DAMAGE AS MAY BE ASSERTED BY INVITEE OF TENANT. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Services. As long (a) Prior to the Premises Conversion Date, Tenant shall, at Tenant’s sole cost and expense, supply the Premises with electricity, heating, ventilating and air conditioning, water, natural gas, lighting, replacement for all lights, restroom supplies, telephone service, window washing, security service, janitor, pest control and disposal services (including hazardous and biological waste disposal), and such other services as Tenant is not in default under any of determines to furnish to the covenants or provisions of this Lease, Premises. (b) Landlord shall maintain have the right to install, at Landlord’s expense, separate electricity, water, gas and/or other utility check/sub-meters and related installation equipment measuring the utility consumption/demand of Tenant in Space 1. If so installed, Tenant shall at its cost keep such meters and installation equipment in good working order and repair. As Additional Rent, Tenant shall pay directly to the utility, as they become due, all bills for electricity, gas, steam, telephone, oil, water and sewer, and other utilities (whether they are used for furnishing heat or air conditioning or for other purposes) that are furnished to the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned now or hereafter separately metered or billed by the act utility to the Premises. If any utilities used or consumed by Tenant are not separately metered, Tenant shall pay its allocable share of Tenantsuch utilities, its employeesbased on use, agents or invitees, as determined by Landlord. (c) From and Landlord shall also provide after the following services during reasonable and usual business hours for the term of this Lease as followsPremises Conversion Date: (ai) Air to the extent that central heating, air conditioning and heat for normal purposes onlyventilation then service the entire Building, to provide in Landlord’s judgmentLandlord shall, comfortable occupancy Monday through Friday on Business Days from 8:00 a.m. to 6:00 p.m. ("Business Hours"), furnish heating and Saturday from 8:00 a.m. cooling as normal seasonal changes may require to 12:00 p.m., Sundays provide reasonably comfortable space temperature and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about ventilation for occupants of the Premises which in under normal business operation at an occupancy of not more than one person per 150 square feet of Premises rentable area and an electrical load not exceeding 3.5 ▇▇▇▇▇ per square foot of Premises rentable area and such other design or operating requirements as may be reasonably imposed by Landlord. Landlord shall have no liability to Tenant if the Premises are not maintained at a reasonably comfortable space temperature during any way may increase period when the amount of such services usually furnished occupancy, electrical load, or supplied to tenants other requirements described in the Buildingpreceding sentence are exceeded or otherwise violated. If Tenant shall require air conditioning, heating or ventilation outside of Business Hours ("Overtime Service"), Landlord shall furnish such Overtime Service upon reasonable advance notice from Tenant, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which shall pay therefor such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations charges as may from time to time be prescribed in effect. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building systems or in any other way interferes with the systems’ ability to perform adequately its proper functions, Landlord shall have no liability to Tenant on account of such inadequacy and supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. (hii) Passenger elevator serviceLandlord shall also provide: (A) Warm water for lavatory purposes and cold water (at temperatures supplied by the municipality in which the Building is located) for drinking, if normally provided for Buildinglavatory and cleaning purposes; and (B) Snow and ice removal from the walks, daily from 7:00 a.m. driveways and parking areas which Tenant is entitled to 6:00 p.m.use under this Lease, and Saturday landscaping of surrounding grounds. (iii) Tenant understands that electricity will not be available to the Premises in excess of the electrical load capacity existing as of the Premises Conversion Date and Tenant agrees in its use of the Premises (i) not to exceed such load capacity and (ii) that its total connected lighting load will not exceed the maximum from 8:00 a.m. time to 12:00 p.m.time permitted under applicable Legal Requirements. If, Sunday without in any way derogating from the foregoing limitation, Tenant shall require electricity in excess of the requirements set forth above, Tenant shall notify Landlord and holidays excepted. Automatic elevator Landlord may (without being obligated to do so) supply such additional service shall be deemed “elevator services” within the meaning of this paragraphor equipment at Tenant's sole cost and expense. Landlord shall make reasonable effort purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. Tenant’s use of electric energy shall never exceed the capacity of the then existing installations providing such electric energy to provide the Premises. Landlord shall have no liability to Tenant by reason of (x) any interruption in the supply of electric energy to the Premises, or (y) the quantity or character of electric energy available to the Premises not being suitable for Tenant’s requirements. (iv) Tenant shall, at Tenant’s sole cost and expense, supply the Premises with interior window washing, security services, janitor, pest control and trash disposal services (including hazardous and biological waste disposal. Landlord reserves the right, without liability to Tenant and without it being deemed a constructive eviction or giving rise to any rent abatement or diminution, to stop or interrupt any heating, ventilating, air-conditioning, power, electricity, water, gas, or other service (and to stop or interrupt the use of any Building or Campus facilities and systems) at such times as may reasonably be necessary in connection with the making of repairs, alterations or improvements or by reason of one or more Events of Force Majeure. (d) Landlord shall not be in default hereunder or be liable for any damage or loss directly or indirectly resulting from, nor shall the Fixed Rent or Additional Rent be abated or a constructive or other eviction be deemed to have occurred by reason of, the installation, use or interruption of use of any equipment in connection with the furnishing of any of the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any such services, whether such failure or delay is caused by accident or any condition beyond the control of the foregoing services when there are disturbances Landlord or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, Tenant or by the making of necessary repairs or improvements to the Premises, or unavailability any limitation, curtailment, rationing or restriction on use of utilities due to governmental restrictions water, electricity, gas or any other conditions beyond Landlord’s control nor form of energy serving the Premises, whether such results from mandatory governmental restriction or voluntary compliance with governmental guidelines. Tenant shall pay the temporary failure to furnish any full cost of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any all of the provisions of this Lease, provided Landlord uses reasonable efforts foregoing services and all other utilities and services supplied to cure such interruptionthe Premises as Additional Rent.

Appears in 2 contracts

Sources: Lease Agreement (Quantum Corp /De/), Lease Agreement (Quantum Corp /De/)

Services. Landlord shall provide or cause: (a) Access to the Building from the lobby Monday through Friday, except for holidays listed on Exhibit C, hereinafter referred to as “business days”, during normal business hours. Normal business hours are Monday through Friday, 8:00 AM to 6:00 PM, holidays excepted. At all other times, that is, twenty-four (24) hours a day, seven (7) days a week, Landlord shall provide restricted access to the Building in accordance with such Building standard entry system as shall from time to time be in effect. As long as Tenant is not in default under any of the covenants Commencement Date, access to the Building at other than normal business hours shall be through either a card key or provisions personnel identification pinstation system. Tenant shall be entitled to three (3) key cards per 1,000 net rentable square feet of Premises leased. Additional cards shall be provided to Tenant at a per card cost of Seven Dollars and 50/100 ($7.50). Upon the expiration or earlier termination of this Lease, Tenant shall surrender all key cards to Landlord; Tenant shall pay to Landlord Fifteen and 00/100 Dollars ($15.00) for each key card not so returned, which payment shall be deemed Additional Rent and may be withheld from Tenant’s security deposit or otherwise collected in accordance with applicable law. The Landlord reserves the right to alter the Building standard entry system from time to time as it sees fit. (b) Use, in common with others, of all elevator facilities, subject to such reasonable rules and regulations as Landlord may prescribe. (c) Building standard heat and air conditioning during normal business hours and from 9:00 AM to 1:00 PM on Saturdays which is reasonably required for reasonably comfortable occupation of the Premises, under normal business operation at an occupancy of not more than one person per 250 square feet of Net Rentable Area and an electrical demand load not exceeding the demand load of a typical office use for premises the size of the Premises, subject to all governmental laws, regulations or restrictions now or hereafter in force pertaining to the furnishing or use of such heat and air conditioning. Landlord shall maintain provide heat and air conditioning to Tenant at other than normal business hours, provided that Tenant pays Landlord its charges for supplying the Premises and the public and common areas same. As of the PropertyCommencement Date, such as lobbies, stairs, atriums, landscaping, corridors Landlord’s charge for supplying heat and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual air conditioning to Tenant at other than normal business hours for is $75.00 per hour. Landlord reserves the right to increase this charge from time to time throughout the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlyupon prior written notice to Tenant. Tenant shall not introduce into the Premises personnel or equipment which overloads the capacity of the Building systems or in any other way interferes with any system’s ability to perform adequately its proper functions. If Tenant violates the foregoing, Landlord may, at its option, upon prior notice to Tenant, elect to provide in Landlord’s judgmentsupplementary systems or take other steps to cure such violation, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s sole cost and expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes The Premises to be kept reasonably clean as hereinafter described, provided the Premises are kept in order by Tenant. The cleaning services provided hereunder are limited to those set forth on Exhibit D attached hereto and insurance on made a part hereof which sets forth the Premises, except as otherwise provided herein. (e) Parking will scope of the cleaning services. The cleaning services shall be provided on only Monday through Friday, legal holidays excepted. Notwithstanding the parking lots on foregoing, at no time and under no circumstances shall Landlord have any responsibility for the Property on an unallocated basisstorage or removal of any “medical waste”, unless Landlord“infectious waste”, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care“hazardous medical waste”, snow removal“hazardous waste”, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at as such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as terms may from time to time be prescribed defined in such municipal, state and federal statutes, laws, ordinances, rules and regulations as may apply to Tenant or to the Premises because of the business, profession or activity carried on in the Premises by LandlordTenant, Tenant’s servants, agents, employees, invitees or anyone claiming by, through or under Tenant. (he) Passenger elevator serviceHot and cold running water, if normally provided toilet paper, paper towels and hand soap for Buildingcommon area wash rooms and lavatories. (f) Electricity for normal lighting of main lobby, daily from 7:00 a.m. to 6:00 p.m.elevator(s), stairways, parking areas, walkways and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptioncorridors.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Faro Technologies Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlySubtenant shall pay Sublandlord upon demand such additional amounts as are necessary to recover additional costs incurred by Sublandlord in performing or providing nonstandard janitorial services, maintenance, security, utilities or other services or requirements of Subtenant, but nothing herein shall require Sublandlord to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlordmaintenance, security, utilities or requirements. Should Tenant use Sublandlord agrees to transmit Subtenant's requests for such services under this provision to excess, Landlord reserves the right (unless Landlord agrees to charge for accept such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachrequests directly from Subtenant). (b) Electric power for lighting and Subtenant acknowledges that Sublandlord does not control the operation of office machinesthe Building or the furnishing of utilities and services therein or to the Premises, air conditioning and heating as may be required for comfortable occupancy Subtenant agrees and acknowledges that Sublandlord shall have no obligation or responsibility whatsoever to provide or perform any utility, service, repair, alteration or similar obligation which is the obligation of Landlord to provide or perform pursuant to the provisions and terms of the Premises between Monday Prime Lease (the “Prime Lease Services”). Accordingly, all of the agreements and Friday from 8:00 a.m. obligations of Sublandlord under this Sublease, express or implied, including, without limitation, all agreements and obligations to 6:00 p.m.furnish utilities or services, are expressly dependent upon the performance and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished observation by the Landlord is intended of its agreements and obligations under the Prime Lease. Subtenant hereby releases Sublandlord from the performance or observance of any agreement or obligation of Landlord under the Prime Lease and agrees that if the Landlord shall default in the performance or observance of any such agreement or obligation under the Prime Lease, either for the furnishing of Prime Lease Services or otherwise, Sublandlord shall not be liable therefor to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machinesSubtenant. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for Any condition resulting from such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected default by the LandlordLandlord shall not constitute an eviction, actual or at Landlord’s optionconstructive, and Subtenant shall not be entitled to be determined by a submeter cancel this Sublease or to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess chargeotherwise modify, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachrelease or alter its obligations hereunder. (c) Lighting replacementNotwithstanding the provisions of Section 8(b), public restroom suppliesSublandlord shall use commercially reasonable efforts to enforce performance by Landlord of its obligations and responsibilities under the Prime Lease. If any act, window washing with reasonable frequencyomission or failure by Landlord under the Prime Lease, and janitor service including any failure by Landlord to provide the Premises during the times and Prime Lease Services, results in the manner that such janitor services are customarily furnished in general office buildings in the area. any loss, cost, damage or expense to Subtenant (d) Taxes and insurance on the Premisescollectively, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basisa “Subtenant Loss”), unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may then (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; Sublandlord shall use commercially reasonable efforts, without cost or expense to Sublandlord , to obtain reimbursement from Landlord for such Subtenant Loss, which reimbursement shall be remitted to Subtenant, and (ii) open if any such act, omission or failure of Landlord entitles Sublandlord to an abatement of rent under the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Prime Lease, provided Landlord uses reasonable efforts Subtenant shall have a corresponding right to cure such interruptionabatement of Rent with respect to the Premises.

Appears in 2 contracts

Sources: Sublease (Federal Agricultural Mortgage Corp), Sublease (Federal Agricultural Mortgage Corp)

Services. As long as Tenant is not in material default under any of the covenants or provisions of this LeaseLease beyond any applicable cure period, Landlord shall shall: maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good working order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, condition; make a good faith effort to substantially comply with local building codes and Landlord shall regulations; and also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s 's reasonable judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.p.m. (referred to herein, excluding Sundays and holidays as "Normal Business Hours"), Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for the costs of such services. Landlord has the right to estimate these costs based on actual charges by the appropriate utility companies for the Building, since there is no separate electric, gas, or water meter for the Premises. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon within thirty (30) days of receipt of an invoice or written demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. Excess use would include cooling or heating requirements beyond that normally used by ordinary office use:such as but not necessarilly limited to: cooling required for a dedicated computer room containing main frame or server computers; or for a special laboratory; or to maintain the heating ventilating and air-conditioning working after Normal Business Hours. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines including; but not limited to: personal computers, CRT's, printers, modems, facsimile machines, scanners, photocopiers and related equipment. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based based: then upon the average cost per unit of electricity for this Building applied to the excess use as determined by (i) - if there is no electric submeter - an independent engineer selected by the Landlord, or (ii) if a electric submeter is installed - either upon Landlord's requirement or at Landlord’s option, to be Tenant's instance - the electric usage determined by a the submeter, said submeter to be furnished and installed at Tenant’s 's expense. Tenant's cost for the additional electricity shall be based on the actual rate charged by the electic utility such as Georgia Power to the Landlord for electric usage. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Water for drinking, lavatory and toilet purposes from the regular Building supply (at the prevailing temperature) through fixtures installed by Landlord, (or by Tenant with Landlord's written consent). (d) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (de) Taxes and insurance on the Premises, except as otherwise provided herein. (ef) Parking will be provided on the parking lots on adjacent to the Property Building on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other partiesat a ratio of 4.45 spaces/1,000 square feet of Office Area. (fg) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (gh) Landlord may (i) close lock the Building during the period from: doors at 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at Monday through Friday, 12:00 p.m. on Saturday, (iii) close the Building Saturday and all day Sunday, Sunday and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only by use of the access cards, under such regulations as may from time to time be reasonably prescribed by Landlord. In the event that Landlord, due to security considerations, chooses to lock the entry doors to the Building during Normal Business Hours, Landlord shall: (i) provide access cards that will permit Tenant employees to unlock the front and rear entry doors to the Building through proper use of the access cards; (ii) provide a phone dialing or intercom system from the front entry door, that will permit visitors to the Building to contact the Tenant over the phone dialing or intercom system, and permit the Tenant to unlock, via the telephone or intercom in the Premises, the front Building's door temporarily, thus providing the visitor access into the Building. (hi) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. 8:00 am. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed "elevator services" within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s 's control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption. Notwithstanding anything herein to the contrary, in the event that due to causes beyond the Landlord's control and not due to acts of the Tenant or Tenant's employees, invitees, or agents, the Premises becomes untenantable, then there shall be an abatement of rent upon the earlier of a) the date that the Landlord's rental abatement insurance provide coverage, provided that Landlord files a claim, or b) after 5 successive weekdays (excluding Saturdays and Sundays).

Appears in 2 contracts

Sources: Office Lease (Elastic Networks Inc), Office Lease (Elastic Networks Inc)

Services. As long as Tenant Notwithstanding anything contained in this Sublease, Subtenant agrees and acknowledges that Sublandlord shall have no obligation or responsibility whatsoever to provide or perform any service, repair, restoration, maintenance, alteration or other similar obligation which is not in default under any the obligation of Landlord to provide or perform pursuant to the provisions and terms of the Prime Lease, except that Sublandlord covenants or to use its commercially reasonable efforts to require Landlord to perform and provide all such service, repair, restoration, maintenance, alteration, and other obligations pursuant to the provisions of this Leasethe Prime Lease at Subtenant’s request, Landlord which commercially reasonable efforts shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of include commencing litigation against Landlord. Should Tenant use such services under this provision to excessSubtenant shall not make any claim against Sublandlord for any damage which may arise, Landlord reserves the right to charge for such services. The charge nor shall Subtenant’s obligations hereunder be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlorddiminished, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may reason of: (i) close the Building during failure of Landlord to keep, observe or perform any of its obligations pursuant to the period from: 6:00 p.m. until the following 7:00 a.m. each weekdayPrime Lease; or (ii) open the Building at 8:00 a.m. acts or omissions of Landlord or its agents, contractors, subcontractors, servants, employees, tenants (except Sublandlord), invitees or licensees or other third parties. Subtenant hereby releases Sublandlord from the performance or observance of any agreement or obligation of Landlord under the Prime Lease and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, agrees that if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide default in the foregoing servicesperformance or observance of any such agreement or obligation under the Prime Lease, but in any eventeither for the furnishing of utilities or services or otherwise, Sublandlord shall not be liable for damagestherefor to Subtenant. Any condition resulting from such default by Landlord shall not constitute an eviction, nor actual or constructive, and Subtenant shall the rental herein reserved not be abated for failure entitled to furnish cancel this Sublease or any delay in furnishing any of the foregoing services when there are disturbances to otherwise modify, release or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the alter its obligations hereunder. The provisions of this Paragraph shall survive the expiration or earlier termination of the Term hereof. Notwithstanding anything in this Paragraph to the contrary, if Sublandlord is entitled to any recovery from Landlord or to offset rental payments or other amounts, as a result of Landlord’s failure to perform any of its obligations under the Prime Lease, Subtenant shall, in the event of such failure, be entitled to the same proportionate recovery or offset from Sublandlord as Sublandlord has in fact received from Landlord to the extent such failure or interruption relates directly to the Premises, Subtenant’s use or occupancy thereof or other rights of Subtenant hereunder. Subtenant, at its cost, shall obtain and maintain pest control for the Premises to the extent not provided by the Landlord uses reasonable efforts to cure such interruptionas a service under the Prime Lease.

Appears in 2 contracts

Sources: Sublease (Oncternal Therapeutics, Inc.), Sublease (GTX Inc /De/)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of use commercially reasonable efforts to furnish to Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: : (a) Air conditioning and heat water at those points of supply provided for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to general use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in of the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. ; (b) Electric power for lighting the equipment to provide heated and operation of office machines, refrigerated air conditioning (“HVAC”) as appropriate, at such temperatures and heating in such amounts as may be required are standard for comfortable occupancy comparable buildings with comparable densities and heat loads in the vicinity of the Premises between Monday and Friday from 8:00 a.m. Building (not to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by exceed the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use current HVAC system’s capacity existing as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. Date); (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor janitorial service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premisesfive days per week, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all than holidays, or (iv) close the Building at for Building-standard installations and such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations window washing as may from time to time be prescribed reasonably required; (d) elevators for ingress and egress to the floor on which the Premises are located, in common with other tenants, provided that Landlord may reasonably limit the number of operating elevators during non-business hours and holidays; (e) replacement of Building-standard light bulbs and fluorescent tubes, provided that Landlord’s standard charge for such bulbs and tubes shall be paid by Tenant; and (f) electrical current during normal business hours for electrical energy consumption that does not exceed normal office usage. If Tenant desires janitorial service at other than normal service times, or HVAC service at other than Building Hours, then such services shall be supplied to Tenant upon the written request (or such other means as may be requested by Landlord. (h) Passenger elevator service, including, if normally provided for applicable, request through an internet portal system) by Tenant delivered to Landlord through the Building, daily from 7:00 a.m. to 6:00 p.m.’s work order system before 1:00 p.m. on the business day preceding such extra usage, and Saturday from 8:00 a.m. Tenant shall pay to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning Landlord its then standard cost of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, such services (which shall not be liable for damagesincluded in Tenant’s Proportionate Share of Operating Costs) within 30 days after Landlord has delivered to Tenant an invoice therefor. However, nor with respect to HVAC services on Saturdays, in order to conserve energy and reduce Operating Costs, Tenant shall notify Landlord whether Tenant desires HVAC services to the rental herein reserved be abated for failure Premises on Saturdays by 3:00 p.m. on the immediately preceding business day. If Tenant so notifies Landlord that Tenant desires such HVAC services on Saturday, Landlord shall provide such HVAC service during the Building’s standard hours on Saturday (as described above) at no additional separate charge to furnish or any delay Tenant. If Tenant desires HVAC services on Saturdays in furnishing any excess of the foregoing Building’s standard hours on Saturdays, then Landlord shall provide such services when there subject to the additional HVAC charges for such additional hours in excess of the Building’s standard hours. Tenant acknowledges that the cost components for providing after-hours HVAC service to the Premises are disturbances or labor disputes not separately metered; accordingly, Landlord’s determination of any character, or after-hours HVAC charges is an estimate of the costs incurred by inability Landlord in providing such after-hours HVAC service to secure Tenant. The costs charged to Tenant for such after-hours service shall include Landlord’s reasonable allocation of the costs for electricity, fuelwater, suppliessewage, machinerywater treatment, labor, metering, filtering, equipment or labordepreciation, or by the making of necessary repairs or improvements wear and tear and maintenance to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond provide such service. Landlord’s control nor shall the temporary failure to furnish any reasonable estimate of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any 2020 after-hours charges for HVAC is $75.00 per hour per floor of the provisions of this LeaseBuilding (with a two-hour minimum), provided plus any applicable sales or other taxes; however, Landlord uses reasonable efforts and Tenant agree that such figure shall not be interpreted as the maximum amount which may be charged to cure Tenant for such interruption.services. 6 ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ – ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 4812-0074-7958.V2

Appears in 1 contract

Sources: Lease Agreement (Dirtt Environmental Solutions LTD)

Services. As long as Tenant is not in default under any Landlord will furnish the following services for the normal use and occupancy of the covenants Premises for general office purposes, (a) electricity, (b) heating and air conditioning systems in season during Normal Business Hours, (c) gas, (d) water for drinking and restroom purposes, (e) trash removal and janitorial services pursuant to the cleaning schedule attached as Exhibit E, and (f) such other services Landlord reasonably determines are appropriate or provisions necessary. Tenant will pay for T▇▇▇▇▇’s Share of this Leaseall electricity used and consumed in the Building as measured by a single meter therefor. Tenant’s Share of all electricity used and consumed in the Building shall be paid by Tenant to Landlord, in full, within 10 days of Tenant’s receipt of a monthly invoice therefor from Landlord. Tenant’s Share of all electricity used and consumed in the Building shall be billed separately from, and shall not be included in, and shall be in addition to, Operating Expenses and Minimum Annual Rent. Tenant’s Share of all electricity used and consumed in the Building is initially estimated to be $1.80 per rentable square foot per year (payable at $370.00 per month). Landlord may reasonably and in good faith adjust such amount from time to time if L▇▇▇▇▇▇▇’s cost of electricity increases or decreases. Landlord may also invoice Tenant separately from time to time for T▇▇▇▇▇’s Share of any extraordinary or unanticipated electrical use in the Premises. The foregoing notwithstanding, if Tenant requests, and if Landlord is able to furnish, services in addition to those identified above, including heating or air conditioning outside of Normal Business Hours, Tenant shall pay the reasonable charge for such supplemental services. (For the avoidance of doubt, the reasonable charge may include any ministerial costs of reading the meter, allocating the costs and invoicing Tenant.) If because of Tenant’s density, equipment or other Tenant circumstances, T▇▇▇▇▇ puts demands on the Building Systems in excess of those of the typical office user in the Building, Landlord may install supplemental equipment and meters at Tenant’s expense, and Tenant shall maintain pay Landlord as additional rent, on a monthly basis when invoiced, an amount equal to Tenant’s Share of all electricity and gas supplied to the Building, the Premises and the public common areas. Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of this Lease. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the Building, Premises or common areas areas. Any wiring, cabling or other equipment necessary to connect Tenant’s telecommunications equipment shall be Tenant’s responsibility and shall be installed in a manner approved by Landlord, such approval not to be unreasonably withheld. In the event Tenant’s consumption of any utility or other service included in Operating Expenses is excessive when compared with other occupants of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. may invoice Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Buildingseparately for, and Tenant further agrees not to connect any apparatus or device with shall pay within 10 days after receipt of invoice therefor, the conduits or pipes, or other means by which such services are supplied, for the purpose cost of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess chargeexcessive consumption, such refusal shall constitute a breach of the obligation to pay rent under this Lease as reasonably determined and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed documented by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement (Savara Inc)

Services. As long Landlord covenants that it will furnish to the Premises and Building the following services on all days during the Term: A. Water to the floors in which the Premises are located for lavatory, lavatory wash basins and cleaning purposes, and gymnasium, test kitchen and cafeteria purposes per the approved Leasehold Improvement Plans, twenty four hours per day, three hundred sixty five days per year. B. Elevator service to each floor of the Building twenty four hours per day three hundred sixty five days per year; provided, however, Landlord may reasonably limit the number of elevators in operation during times outside of Normal Business Hours. Landlord shall without charge provide freight elevator service in the Building during Normal Business Hours subject to Landlord’s reasonable scheduling procedure, if any. The Building will have eight (8) elevators, of which six (6) elevators will service the Premises and two (2) elevators will service the parking garage. Elevators to the Premises will require card key activation for access to Tenant’s floors other than Tenant’s reception floor; provided, however, elevator card key activation shall be required for access to Tenant’s floors in the Tower Space. Because of the possibility that portions of the Tower Space may be sublet, the elevators shall be capable of being programmed so as to allow Tenant to have access only to floors occupied by Tenant, with such other tenants or subtenants having access only to their floors. Tenant recognizes that this will not be possible if Tenant and a tenant or subtenant are located on portions of the same floor. C. Fluorescent, incandescent and other bulb replacement in the Common Areas and service areas of the Building. D. Janitorial services for the Building exterior and Common Areas, Monday through Friday, exclusive of normal business holidays. Tenant, at Tenant’s expense, shall provide janitorial services for the Premises with persons or firms engaged by Tenant and the entry for such cleaning personnel entering the Building shall be coordinated with Landlord. The janitorial specifications to be complied with by Tenant are attached hereto and made a part hereof as Exhibit “F.” Tenant, at its expense, shall be responsible for the replacement of light bulbs and ballasts within the Premises. E. Security to the Common Areas and security in the form of limited access to the Building during times outside of Normal Business Hours. Tenant shall have access to the Premises 24 hours per day, 365 days per year, subject to reasonable security measures and except for emergency events which cause Landlord to limit access to Tenant. In the event that certain tenants in the Building require guards or extra security, the cost of such guards or extra security shall not be borne directly or indirectly by Tenant. Tenant (at its expense) may supply supplementary security services for the interior of the Premises, subject to the security specifications attached hereto and made a part hereof as Exhibit “L” (as the same may be reasonably modified by Landlord from time to time). F. Landlord shall provide electricity according to the specifications as to wattage per square foot as set forth in the Review Plans and Specifications attached as Schedule 1 to the Construction Addendum. The electric panels and meters to meet this requirement shall be provided by Landlord as part of the Leasehold Improvements. Tenant shall pay directly to the local electric utility or to Landlord, the costs for all electric service rendered or furnished to the Premises during the Term, which service shall be separately metered or submetered into the Premises by Landlord as part of the Leasehold Improvements. G. The Building shall have a complete heat-activated sprinkler system, smoke detectors, speaker/strobe fire alarm and remote monitoring generator. H. Trash removal from the Building dumpsters. (Tenant is responsible for trash removal from the Premises to the Building dumpsters.) I. Electrical lighting service for the Common Areas. J. Heating and air-conditioning in season at such temperatures and in such amounts as shall provide comfortable working conditions throughout the Premises and in the lobby, hallways and bathrooms during Normal Business Hours (i.e., sufficient capacity to maintain an inside base building temperature within the Premises of 75 degrees Fahrenheit dry bulb in the summer when the outside temperature is 92 degrees Fahrenheit dry bulb, 80 degrees Fahrenheit wet bulb, and an inside base building temperature of 72 degrees Fahrenheit dry bulb in the winter when the outside temperature is 42 degrees Fahrenheit). Said HVAC system shall provide the proper outside make-up air in accordance with local mechanical code requirements. Because the Premises will be separately metered or submetered for electricity, Tenant shall pay all electricity costs relating to the Premises (including HVAC), at whatever rates are charged by Florida Power & Light (or successor utility company) from time to time. Landlord will not be entitled to receive any separate payment from Tenant for overtime or after-hours HVAC service. Tenant may, at its expense, install supplementary air-conditioning systems to service the Premises. All costs in default under any of connection with such supplementary systems shall be at Tenant’s sole cost and expense and shall otherwise comply with the covenants or other provisions of this Lease, Landlord Lease in connection with any improvements or Alterations to the Premises. The Building HVAC system shall maintain have sufficient capacity and operating efficiency and shall be run long enough in the Premises evening and started early enough in the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlymorning, to provide the proper temperature, humidity and air flow for comfortable working conditions during Normal Business Hours. Landlord has been advised by Tenant that Tenant may require computer equipment and related apparatus, some or all of which may be housed in a specially air conditioned computer room (“Package Unit”), which will require lower temperature and lower humidity on a constant (24 hours per day) basis. Prior to installing a Package Unit, Tenant shall be required to obtain Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. approval of the plans and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptedspecifications thereof. Tenant agrees not to use any apparatus or deviceshall, in or upon or about the Premises which in any way may increase the amount of at its expense, cause such services usually furnished or supplied to tenants in the BuildingPackage Unit, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be separately metered, or to have a submeter or check meter installed so that Tenant shall pay either directly to such utility authority or to Landlord the costs as are determined by a such meter, submeter to be furnished and installed at Tenant’s expense. If or check meter for all utility consumption being utilized by Tenant in connection with the Tenant refuses to pay upon demand operation of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachPackage Unit. (c) Lighting replacementK. Waste water and sewer services. Except as provided below, public restroom suppliesLandlord’s failure to furnish, window washing with or the interruption or termination of, the services described in this Section in whole or in part resulting from causes beyond the reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless control of Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidaysagents, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any eventemployees, shall not be render Landlord liable for damagesin any respect, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services not be construed as an eviction of Tenant, nor entitle Tenant to any abatement of any Rent under this Lease; provided, however, that Landlord shall use its commercially reasonable efforts diligently and continuously to restore such service in the least amount of time. Tenant shall be provided no less in quantity or relieve Tenant from quality of the duty of observing and performing above described services than shall be provided any of other tenant in the Building (if any). Any provision to the contrary notwithstanding but subject to the provisions of Sections 17 and 18 hereof, if Landlord fails to provide in any material respect any services to be provided by Landlord pursuant to this LeaseSection for a period of three (3) consecutive Business Days after written notice to Landlord, and if such failure materially and adversely affects Tenant’s use and occupancy of the Premises such that Tenant is unable to conduct its normal business operation in the Premises, and provided the correction of the problem is within Landlord’s reasonable control, then Tenant shall be entitled to an equitable abatement of Rent for the period during which the above-described situation exists. Landlord uses reasonable efforts shall provide its required services in accordance with first-class office buildings in Coral Gables, Florida. Tenant’s janitorial and any other services to cure the Premises shall be performed in accordance with such interruptionservices provided in first-class office buildings in Coral Gables, Florida.

Appears in 1 contract

Sources: Lease Agreement (Burger King Holdings Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services on all days during reasonable and usual business hours for the term Term of this Lease as followsexcepting Sundays and holidays established by Landlord, unless otherwise stated: (a) Air conditioning and A. Heat will be furnished whenever such heat for normal purposes onlyshall, to provide in Landlord’s judgment, be required for the comfortable occupancy Monday occupation of the Premises. B. Conditioned air will be furnished to the Premises at such time or times as Landlord’s air conditioning system is in operation for the furnishing of conditioned air to Landlord’s other tenants. Landlord represents that it customarily operates said air conditioning equipment when required for the purpose of furnishing cooled air during the period commencing on or about the fifteenth (15) day of May and ending on or about the fifteenth (15th) day of October in each year. Whenever heat-generating machines, equipment or lighting fixtures installed by Tenant affect the temperature otherwise maintained by Landlord in the Premises, or whenever the electrical load in the Premises exceeds four and one-half (4.5) w▇▇▇▇ per square foot, Landlord shall be relieved of responsibility for maintaining air conditioning in the Premises, and in such event Landlord further reserves the right at its option to (1) require Tenant to discontinue use of such heat-generating machines, equipment, lighting fixtures or excessive electrical load, or (2) install supplementary air conditioning units in the Premises, the cost, installation, operation and maintenance of which shall be paid by Tenant to Landlord at such rates as Landlord charges from time to time in the Building. Tenant agrees that at all times it will cooperate with Landlord and abide by all regulations and requirements which Landlord may prescribe for the proper functioning of the ventilating and air conditioning systems. (a) Landlord shall provide water from the Village of Bloomingdale mains for drinking, lavatory and toilet purposes, drawn through Friday from 8:00 a.m. fixtures installed by Landlord or by Tenant with Landlord’s prior written consent. Tenant shall pay to 6:00 p.m. Landlord, as additional rent, at rates fixed by Landlord, for water used for any purpose other than drinking, lavatory and Saturday from 8:00 a.m. toilet purposes. (b) Tenant shall not waste or permit the waste of water. In the event Tenant fails to 12:00 p.m.make prompt payment to Landlord for water furnished by Landlord, Landlord, upon ten (10) days’ notice, may discontinue furnishing such service. D. Adequate elevator service will be furnished daily as determined by Landlord. E. Landlord shall provide janitorial service in and about the premises, Saturdays, Sundays and holidays excepted. Tenant agrees shall not provide any janitorial service without the Landlord’s prior written consent. If Landlord’s consent be given, such janitorial service. (a) shall be performed during hours designated by landlord, (b) shall be subject to use any apparatus Landlord’s supervision (but such service shall be Tenant’s sole responsibility, Landlord assuming no responsibility therefor and such service shall not be an agent or deviceservant of said superintendent or Landlord), and (c) shall be performed through a janitorial contractor or employees who are, and shall continuously be, in each and every instance satisfactory to Landlord. If Tenant elects to provide janitorial services and Landlord consents thereto, Tenant shall maintain liability insurance, in amounts, with coverages, and with a carrier satisfactory to Landlord, naming Landlord as an insured and insuring against any claim for injury or upon damage incurred on the premises. In no instance shall Tenant be entitled to any reduction in rental or about any other payment due hereunder by reason of the janitorial services provided by Tenant. (a) Landlord shall provide electricity at the distribution panel on each floor of the building sufficient for an average electrical load and building standard distribution circuits and receptacles in the premises. Tenant shall deal directly with the electrical utility company servicing the building concerning Tenant’s own current needs. Tenant shall pay the cost of maintenance of light fixtures and replacement of bulbs, tubes and ballasts, as well as pay all costs incident to such service, including, without limitation, the cost of meters, connection charges, and deposits, and any costs incurred by Landlord due to Tenant’s electrical needs being greater than the electrical service provided to the premises as building standard. Tenant shall pay for all other electricity consumed in the premises, including any electricity used during janitorial service, alterations or repairs in the premises. Tenant shall pay all bills for electricity promptly and shall defend and hold Landlord harmless from all cost or expense which Landlord may incur resulting from Tenant’s failure to pay such bills or to perform any of its obligations with respect to the purchase of electricity. (b) Tenant covenants and agrees that Landlord shall in no event be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if either the quality or character of electrical service is changed or is no longer suitable for Tenants’ requirements. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the building or the risers or wiring or installation of the building. G. Window washing of all windows in the Premises which in both inside and out, weather permitting, at regular intervals to be determined by Landlord, but not less than two (2) times per year. H. The Landlord shall not be obligated to provide any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such servicesthan those expressly set forth above. The charge foregoing notwithstanding, additional services (including after-hour cooling and ventilation) may be provided on terms and conditions as may be mutually agreed upon by Landlord and Tenant. I. All charges for any services shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay deemed rent reserved under this Lease and shall entitle Landlord be due and payable at the same time as the installment of rent with which they are billed, or, if billed separately, shall be due and payable within ten (10) days after such billing. In the event Tenant shall fail to the rights hereinafter granted make payment for such breach. (b) Electric power services Landlord may, in addition to all other remedies which Landlord may have for lighting the non-payment of rent and operation of office machineswithout notice to Tenant, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.discontinue any or all such services, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, discontinuance shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish held or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed pleaded as an eviction or as a disturbance in any manner whatsoever of Tenant Tenant’s possession, or relieve Tenant from the duty payment of observing and performing rent when due, or vary or change any other provision of this Lease or render Landlord liable for damages of any kind whatsoever. Tenant agrees that neither Landlord nor its beneficiaries nor any of their respective agents or employees, shall be liable to Tenant, or any of Tenant’s employees, agents, customers or invitees or anyone claiming through, by or under Tenant, for any damages, injuries, losses, expenses, claims or causes of action, because of any interruption, diminution, delay or discontinuance at any time in the furnishing of any of the provisions above services or operating, maintaining, repairing or supervising the building when such interruption, diminution, delay or discontinuance is occasioned, in whole or in part, by repairs, renewals, improvements or additions, by any strike, lockout or other labor trouble, by inability to secure gas, electricity, water or other fuel at the Building, by any accident or casualty whatsoever, by act or default of Tenant or other parties, or by any other cause beyond Landlord’s reasonable control; nor shall any such interruption, diminution, delay or discontinuance be deemed an eviction (actual or constructive), or disturbance of Tenant’s use or possession of the Premises or any part thereof; nor shall any such interruption, diminution, delay or discontinuance relieve Tenant from full performance of Tenant’s obligations under this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement (Midwest Banc Holdings Inc)

Services. As long as Tenant is not in default under any The Service Provider will perform the residential cleaning services (the “Services”): (check all that apply) Regular cleaning services Deep cleaning services Regular cleaning services include the following: dusting surfaces, vacuuming carpets and rugs, wiping surfaces, bathroom cleaning, kitchen cleaning, trash removal, basic organizing, air freshening. Deep cleaning services include the following: vacuum all surfaces (carpets, furniture, curtains, and etc), mopping floors (wooden, tile, laminate), dusting all surfaces, window cleaning, kitchen cleaning, washing and sanitizing the refrigerator inside and out, stove and oven cleaning, washing the microwave oven inside and out, cleaning of the covenants hood from grease, cleaning of bathroom, washing and sanitizing toilet bowl, bathtub, shower stall, cleaning mirrors and all surfaces, removing stains from walls and ceiling (if possible without damaging the coating), cleaning of all decorative elements: vases, paintings, figurines, air freshening of all rooms and replacement or provisions washing of this Lease, Landlord shall maintain all bedding and curtains. The Services will also include any other task which the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, Parties may agree on. The Service Provider hereby agrees to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. such Services to 6:00 p.m. and Saturday from 8:00 a.m. the Client. The following terms apply to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase Services rendered: The minimum purchase order is 3 hours; The cleaning services will only be provided for the amount of such services usually furnished or supplied time ordered by the Client; Some significant factors like current condition of the apartment, number of rooms and bathroom will directly affect an overall time needed for a completion of the Services; The Service Provider makes no warranty that the time purchased for the Services, will be sufficient for the job to tenants be completed, but only time allowed for is the estimated time generally required for a typical work based on Client’s description. In case Client purchases a deep cleaning, move in and move out cleaning, price provided by the BuildingService Provider is only an estimated price. The Service Provider will use his/her own equipment and cleaning supplies when performing the Services. The steam cleaner is provided when the Clients purchases 4 hours of deep cleaning. Service Provider shall provide, while performing the Service, that he/she shall comply with the policies, standards, and Tenant further regulations including State and Federal laws and to the best of their abilities. Ensure that the Company has uninterrupted access to the premises on the agreed-upon date for the entire duration of the cleaning services. Provide clear instructions for activating or deactivating any alarm systems or home systems. Make sure that any dogs or pets on the premises are properly restrained during the cleaning services to prevent interference. The Client acknowledges and agrees not to connect take responsibility for any apparatus injuries or device with the conduits or pipes, or other means damages caused by which such pets while cleaning services are suppliedbeing performed. Furnish the Service Provider with detailed, explicit instructions regarding the specific areas that require cleaning. Communicate any areas that should not be cleaned or that need special cleaning instructions to the Service Provider. Remove all valuable items from sight before the Service Provider commences service. The Client must provide running water, electricity, sufficient lighting and heat/air conditioning, depending on weather conditions, at the premises where the services take place as is necessary to reasonably conduct the cleaning services. Client obliges to make a prior notification to the Service Provider in case of any allergies to cleaning supplies. By request of the Service Provider, Client agrees to provide consent to make photos and videos of the premise. The Client is obligated to confirm an appointment scheduled by the Service Provider for the purpose Client when contacted 24 hours prior to the appointment date. In the event that the Client cancels the appointment within less than 24 hours after confirming the appointment, a cancellation fee of using additional or unusual amounts USD 50 shall apply. The Service Provider will charge the Client for the Services at the hourly rates (the “Compensation”). The hourly rates are always available on the website and social media networks. The Service Provider will invoice the Client when the Services are complete. Invoices submitted by the Service Provider to the Client are due upon receipt. In the event of such servicesa dispute hereunder between Client and the Service Provider they shall resolve it amicably within 30 business days (the “Resolution Period”). If the Parties have not reached a final resolution within thirty (30) days from the date of delivery of any Dispute Notice, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves then each Party shall have the right to charge for such services. The charge cause the matter to be submitted to an arbitrator, who shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished American Arbitration Association and installed at Tenant’s expense. If shall have expertise in the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach subject matter of the obligation to pay rent under this Lease and shall entitle Landlord to Dispute Notice (the rights hereinafter granted for such breach. (c) Lighting replacement“Arbitrator”), public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service whose written final decision shall be deemed “elevator services” within final and binding upon the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionParties.

Appears in 1 contract

Sources: Cleaning Service Agreement

Services. As long as Tenant is not in default under any Pursuant to the terms of the covenants Lease Agreement, Crossroads is required to supply Building standard amounts of water and electricity, which Licensee shall hereby have the right to use until the expiration or provisions sooner termination of this LeaseLicense; provided however, Landlord that the charges for the use of electricity and water shall maintain be as set forth below in Paragraph A of this Section 10. Licensee shall not have any right to use the Premises and the public and common areas parking spaces of the PropertyBuilding. Licensee shall pay to Licensor, such as lobbiesat the charges established by Licensor from time to time, stairs, atriums, landscaping, corridors and restrooms for any extra services furnished by Licensor or Crossroads in good order and condition except for damage occasioned by excess of the act of Tenant, its employees, agents standard services set forth above or invitees, and Landlord shall also provide the following services during reasonable and usual hours other than ordinary business hours and for any and all supplementary services provided by Licensor, Crossroads or their respective agents to Licensee, which charges shall be payable by Licensee upon demand by Licensor. Licensee shall not install or use in the term Licensed Area any equipment which would generate heat so as to adversely affect the heating, ventilating and air-conditioning system, whether or not such system is presently operable. Licensee acknowledges and agrees that pursuant to the Lease Agreement, Crossroads shall have free access to any and all mechanical installations of this Lease as follows: (a) Air conditioning Crossroads, including, but not limited to, air-conditioning, fan, ventilating hoods and heat for normal purposes onlymachine rooms, to provide in Landlord’s judgmenttelephone rooms and electrical closets. Licensee further agrees that neither Licensee nor its Representatives shall at any time enter the said enclosures or tamper with, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.adjust, Sundays and holidays excepted. Tenant agrees not to use any apparatus touch or device, in or upon or about the Premises which otherwise in any way may increase affect said mechanical installations. Licensee further acknowledges and agrees that pursuant to the amount of such services usually furnished or supplied to tenants in the BuildingLease Agreement, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord Crossroads reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach stop service of the obligation plumbing, heating or cleaning services, when necessary by reason of accident or emergency or for inspection, repairs, alterations, decorations, additions or improvements, which in the judgment of Crossroads are desirable or necessary to pay rent under this Lease be made, until the same shall have been completed, and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, further have no responsibility or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated liability for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish supply any of such services be construed in such instance, nor shall Licensor have any responsibility or liability for any such action taken by Crossroads. Except as an eviction of Tenant expressly set forth in this Section 10, Licensor shall have no obligation to supply any services to the Licensed Area. Licensee acknowledges and agrees that Licensor shall have no obligation to provide telephone service, although Licensee shall pay for such service if so provided by Licensor, to the extent utilized by Licensee or relieve Tenant from the duty of observing and performing any of the provisions of this Leaseits employees, provided Landlord uses reasonable efforts to cure such interruptioncontractors, subcontractors or agents.

Appears in 1 contract

Sources: Real Property License Agreement

Services. As long as Tenant is not in default under any Landlord agrees, during the period of this lease: a. To heat the demised premises whenever necessary during reasonable business hours or customary heating season. b. To provide the use of the covenants or provisions of this Lease, Landlord shall maintain passenger elevators (if the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services building is so equipped) at all time during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.hours, Sundays and holidays Holidays excepted. c. To provide janitor service for the demised premises (trash everyday, vacuuming three days a week). d. To cause to be supplied, during ordinary business hours, a reasonable amount of electric current for lighting said premises and public halls, during the time and in the manner customary in said building. Tenant agrees not to use any apparatus or deviceonly such electric current as shall be supplied by Landlord for lighting, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Buildingair conditioning, and Tenant further agrees not business machines and shall pay on demand for use of electric current after ordinary business hours (8:00 AM to connect 6:00 PM) for any apparatus or device with the conduits or pipesother purpose, or other means by which for any waste of electric current. Tenant agrees that Landlord shall not be held liable for failure to supply such services are suppliedheating, for the purpose of using additional elevator, janitor or unusual amounts of such lighting services, without written consent or any of them, when such failure is not due to negligence on Landlord. Should Tenant use such services under this provision to excess's part, it being understood that Landlord reserves the right to charge for temporarily discontinue such services, or any of them, at such times as may be necessary by reason of accident, repairs, alterations or improvements, or whenever, by reason of strikes, lockouts, riots, acts of God, or any other happening, Landlord is unable to furnish such services. The charge Tenant agrees that if any payment of rent as herein provided shall be payable as additional rental. Should Tenant refuse remain unpaid for more than ten (10) days, after the same shall become due, Landlord may, without notice to make payment upon demand Tenant, discontinue furnishing lighting, heating and janitor services, or any of Landlordthem, such excess charge until all areas of rent shall constitute a breach of have the obligation to pay rent under this Lease first been paid and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.discharged, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the that Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor damages and that such action shall the rental herein reserved be abated for failure in no way operate to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve release Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionobligations hereunder.

Appears in 1 contract

Sources: Lease Agreement (Communications Systems International Inc)

Services. As long Landlord shall furnish to Tenant: (1) water (hot and -------- cold) and sewer service at those points of supply depicted on the Working Drawings (as defined on Exhibit "B" hereto); (2) building standard janitorial service to the Premises five (5) days a week (Landlord reserves the right to ▇▇▇▇ Tenant is not separately for extra janitorial service requested or required by Tenant) and such window washing as may from time to time in default under any Landlord's judgment be reasonably required; and (3) replacement of the covenants or provisions of this LeaseBuilding-standard light bulbs and fluorescent tubes, provided that Landlord's standard charge for such bulbs and tubes shall be paid by Tenant. Landlord shall maintain the Premises and the public and common areas of the PropertyBuilding, such as lobbiesincluding but not limited to, stairsany elevators, atriumshallways, landscaping, corridors restrooms and restrooms carpeting in good order and condition consistent with a first-class garden office building, and shall promptly repair and/or replace any portions of the Building which are defective, inoperative or inconsistent with a first-class garden/office building, except for damage occasioned by the act of Tenant, or its employees, agents or invitees. Notwithstanding anything to the contrary contained herein, and Landlord shall also not be responsible to provide the following services during reasonable and usual business hours security for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus Premises or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge that it shall be payable as additional rental. Should Tenant refuse responsible to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted contract for such breach. (b) Electric power its own security service for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the its Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make use reasonable effort efforts to provide for the foregoing servicessafety of the common areas, but in any event, shall not be liable for damagesto Tenant, nor its employees or invitees in the event such efforts are ineffective. Landlord shall the rental herein reserved be abated for failure use reasonable efforts to furnish or any delay in furnishing restore any of the foregoing services when there are disturbances or labor disputes that become unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any characterimplied warranty, or, except as provided in the next sentence, entitle Tenant to any abatement of Tenant's obligations hereunder. However, if Tenant is prevented from making reasonable use of the Premises for more than 15 consecutive days (or 5 consecutive days if the cause of such unavailability is within the reasonable control of Landlord to cure) because of the unavailability of any such service, Tenant shall, as its exclusive remedy therefor, be entitled to an equitable adjustment of Base Rent based on the extent Tenant is prevented from using the Premises for each consecutive day (after such 15-day, or by inability to secure electricity5-day period, fuel, supplies, machinery, equipment or labor, or by the as applicable) that Tenant is so prevented from making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any reasonable use of the provisions of this LeasePremises. Notwithstanding anything to the contrary contained herein, provided Landlord uses reasonable efforts Tenant shall have the right to cure such interruptionselect any property manager employed by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Motive Communications Inc)

Services. As long as Tenant A. If there now is or shall be installed in the Building a “sprinkler system,” and such system or any of its appliances shall be damaged or injured or not in proper working order by reason of any act or omission of Tenant, Tenant’s agents, servants, employees, licensees or visitors (while in the Premises), Tenant shall forthwith restore the same to good working condition at its own expense; and if the New York Board of Fire Underwriters or the New York Fire Insurance Rating Organization or any bureau, department or official of the state or city government, shall require that any changes, modifications, alterations or additional sprinkler heads or other equipment be made or supplied by reason of Tenant’s particular business, or the locations of the partitions, trade fixtures, or other contents of the Premises (as opposed to a building wide sprinkler requirement which shall be Landlord’s obligation) Tenant shall, at Tenant’s expense, promptly make and supply such changes, repairs, modifications, alterations, additional sprinkler heads or other equipment, whether the work involved shall be structural or non-structural in nature. B. As part of Tenant’s Work, Tenant shall install a hot water heater to supply hot water to the Premises. (i) After stubbing electric capacity to the Premises as required as part of Landlord’s Work, subject to the provisions of this Section 41.C, Landlord shall provide electricity to the Premises through the existing electrical system of the Building for reasonable use for Tenant’s use. Landlord shall not be liable to Tenant for any failure, defect or interruption of electric service for any reason. Tenant’s use of electricity in the Premises shall not at any time exceed the load set forth in Tenant’s load letter and Tenant shall not overload any component of such system. Tenant shall, at Tenant’s expense, furnish and install all lighting tubes, lamps, bulbs and ballasts required in the Premises. Landlord shall select (and may from time to time change) the utility or other supplier providing electricity to the Building and the Premises. Tenant shall comply with all rules, regulations and other requirements of the utility or other supplier. (ii) Landlord has elected to submeter the electricity provided to the Premises. Tenant shall pay to Landlord for Tenant’s electricity usage, for any submeter billing period, within 30 days following Tenant’s receipt of Landlord’s statement, as Additional Rent, the sum of (A) an amount determined by applying Tenant’s consumption of and demand for electricity as measured by the submeter to the rate schedule pursuant to which Landlord purchases electricity for the Building (“Base Electric Charge”), and (B) Landlord’s actual out of pocket costs for reading the submeter (with no ▇▇▇▇-up or administrative charge). If more than one submeter measures Tenant’s electricity, the electricity supplied through each submeter may be computed and billed separately in accordance with this Section. The Base Electric Charge billed by Landlord shall be binding on Tenant unless Tenant disputes such charge within one hundred twenty (120) days of the receipt of a ▇▇▇▇ therefor and sets forth the reasons for Tenant’s dispute. Landlord shall provide Tenant with back-up documentation for Landlord’s bills for electricity. (iii) Landlord may at any time, by at least thirty (30) days notice to Tenant, elect to discontinue providing electricity to the Premises (including the electricity for all components, serving only the Premises, of the Building’s heating, ventilating and air- conditioning systems). If Landlord gives that notice this Lease shall continue in full force and effect unaffected thereby, except that (a) Tenant shall, at Tenant’s expense, diligently arrange to obtain electricity from the utility or other supplier providing electricity to the Building by means of the existing Building electrical system to the extent it is available, suitable and safe for such purpose, as reasonably determined by Landlord, and (b) from and after the date Tenant receives electricity from the utility or other supplier, Landlord shall not be required to provide electricity to the Premises. (iv) If any tax or other charge is imposed on Landlord’s receipt of Rent under this Article, Tenant shall pay such tax or other charge to Landlord within 30 days following receipt of Landlord’s statement, and Landlord shall remit same to the appropriate Authority. (v) Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. (vi) Tenant shall not make or perform or permit the making or performing of, any alterations to wiring installations or other electrical facilities in or serving the Premises without the prior written consent of Landlord in each instance. Should Landlord grant any such consent, all additional risers or other equipment required therefore shall be installed by Landlord and the reasonable cost thereof shall be paid by Tenant, as additional rent, upon Landlord’s demand. D. Air conditioning shall be furnished to the demised premises through new air conditioning unit(s)which shall service only the demised premises (“A/C”) installed by Landlord as part of Landlord’s Work. Tenant shall maintain the AC unit(s) in good working order during the Term of this Lease. Tenant agrees that it shall maintain, throughout the Term of this Lease a maintenance and repair contract with a contractor reasonably approved by Landlord, which shall include preventive maintenance and parts replacements whether ordinary or extraordinary in nature (the “Service Contract”) for all A/C unit(s) serving the Premises. Upon the expiration or earlier termination of this Lease, all air-conditioning units in the demised premises, shall be deemed the property of the Landlord. (i) As part of Tenant’s Work hereunder, Tenant shall install water meters or submeters, to thereby measure Tenant’s hot and cold water consumption for all purposes, but Tenant shall make all deposits for water servicing the Premises. (ii) Throughout the duration of Tenant’s occupancy (a) Tenant shall keep the meters, submeters and installation equipment to which reference is made in subsections B and C of this Article 41 in working order and repair, at Tenant’s own cost and expense (unless caused by the negligence or willful misconduct of Landlord or its agents), in default under of which Landlord may, on fifteen (15) days’ notice to Tenant, cause such meters and equipment to be replaced or repaired and collect the cost thereof from Tenant; and (b) Tenant shall pay to Landlord, as Additional Rent, the cost of water consumed (and attendant sewer charges), as shown on said meters and submeters, together with, if a submeter, the cost of reading the submeter, within fifteen (15) days after bills are rendered. All charges to Tenant based upon actual consumption as shown on a submeter shall be charged to Tenant at the same rate Landlord purchases water from the water company servicing the Building (with no ▇▇▇▇-up or administrative charges). Any such costs or expenses incurred or payments made by Landlord for any of the covenants reasons or provisions purposes hereinabove stated shall be deemed to be Additional Rent payable by Tenant and collectible by Landlord as such. Independently of and in addition to any of the remedies reserved to Landlord hereinabove or elsewhere in this Lease, Landlord may ▇▇▇ for and collect any monies to be paid by Tenant or paid by Landlord for any of the reasons or purposes hereinabove set forth. Tenant’s obligations to pay such electric, water and sewer charges, and/or to reimburse Landlord for the payment of same, shall survive the Expiration Date or sooner termination of this Lease. (iii) Landlord shall not be liable to Tenant in any way for any claims, damages, costs or expenses, directly or indirectly incurred, resulting from any use, interruption, curtailment or failure, or defect in the supply of any service provided under this Article 41 furnished to the Premises by reason of any requirement, act or omission of Landlord or of others for any other reason except Landlord’s negligence or willful misconduct or that of its agents. F. Landlord reserves the right to stop service of the mechanical, electric, sanitary, plumbing, utility and other service systems, when necessary, by reason of accident or emergency, or for repairs, additions, alterations, replacements, decorations or improvements in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations, replacements or improvements shall have been completed. Landlord shall use commercially reasonable efforts to minimize disruption to Tenant’s business in exercising its rights under this Section. Except as otherwise expressly set forth in this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except have no responsibility or liability for damage occasioned by the act of Tenant, its employees, agents interruption or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants curtailment in the Buildingsupply of electric energy and/or water or for interruption, curtailment or failure to supply heat, ventilating and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the rightwhen prevented by exercising its right to stop service or by strikes, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined labor troubles or accidents or by an independent engineer selected by the Landlord, or at any cause whatsoever reasonably beyond Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any charactercontrol, or by inability failure of any public utility or other company and the failure of independent contractors to secure electricityperform or by laws, fuelorders, suppliesrules or regulations of any Federal, machinery, equipment state county or labormunicipal authority, or by the making failure of necessary repairs or improvements to Premisessuitable fuel supply, or unavailability inability by exercise of utilities due reasonable diligence to obtain suitable fuel or by reason of governmental restrictions preemption in connection with a national emergency or any by reasons of the conditions of supply and demand which have been or are affected by war or other conditions beyond Landlord’s control nor shall emergency. Except as otherwise expressly set forth in this Lease, the temporary failure to furnish any exercise of such services be construed as right or such failure by Landlord shall not constitute an eviction actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of Tenant rent, or relieve Tenant from the duty of observing and performing any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience, lost business or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise. G. In the event of any conflict between the provisions of this LeaseArticle 41 and Exhibit F, provided Landlord uses reasonable efforts to cure such interruptionthe provisions of Exhibit F shall be paramount and prevail.

Appears in 1 contract

Sources: Lease (SoulCycle Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning During the Leasing Period, Seller shall have sole responsibility to pay to, or on behalf of, the Leased Employees all costs related to their employment including, but not limited to, wages and heat for normal purposes onlypersonnel benefit plans, vacation, sick and severance pay, life and health insurance premiums, contributions to provide in Landlord’s judgmentpensions, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. retirement and Saturday from 8:00 a.m. to 12:00 p.m.benefit plans, Sundays applicable federal, state and holidays excepted. Tenant agrees not to use any apparatus or devicelocal taxes, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the BuildingSocial Security contributions, federal and state unemployment compensation insurance contributions, workers' compensation insurance premiums, and Tenant further agrees not to connect any apparatus or device with all similar payments and charges incurred by reason of Seller's applicable employment practices and policies, contractual and statutory obligations and conditions of employment (the conduits or pipes, or other means by which such services are supplied, "Aggregate Compensation"). Seller shall be responsible for the purpose withholding of using additional or unusual amounts all taxes and similar items and the remitting of such services, without written consent of Landlord. Should Tenant use such services under this provision payments and returns to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachgovernmental agencies. (b) Electric power for lighting Seller shall be and operation of office machines, air conditioning and heating as may be required for comfortable occupancy shall remain the employer of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.Leased Employees during the Leasing Period. During the Leasing Period, and Saturday from 8:00 a.m. to 12:00 p.m.Leased Employees shall at no time, Sundays and holidays excepted. Electric power furnished by for any purpose, be deemed the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption employees of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease Buyer and shall entitle Landlord not be entitled or eligible to the rights hereinafter granted for such breachparticipate in benefits or privileges provided or extended by Buyer to Buyer's employees except as otherwise required by law. (c) Lighting replacementBuyer shall have daily responsibility for supervision of the work activities of the Leased Employees. Seller shall cause the Leased Employees to devote their entire time, public restroom supplies, window washing with reasonable frequencyattention, and janitor service energy to the Premises during the times service of Buyer. The Leased Employees shall comply with and in the manner that such janitor services are customarily furnished in general office buildings in the areaabide by Buyer's policies, procedures, rules and regulations including expense reimbursement procedures. (d) Taxes and insurance on At any time during the PremisesLeasing Period, except as otherwise provided hereinBuyer shall have the right, but not the obligation, to offer employment to any of the Leased Employees then employed by Seller (those employees accepting such offers of employment being "Buyer Employees"). (e) Parking will be provided on Upon written notice to Seller, Buyer may discontinue the parking lots on receipt of services with respect to any of the Property on Leased Employees in the event Buyer believes it has a reasonable basis to believe that such employee (i) is incapable of adequately carrying out his or her duties; or (ii) has engaged in willful misconduct, disloyalty, negligence, illegal conduct or an unallocated basisintentional tort with respect to such employee's services to Buyer, unless Landlord, within its discretion assigns reserved spaces or has engaged in conduct potentially harmful to some or all tenants or other partiesany Buyer employee and Seller shall give such Leased Employee a notice of termination consistent with Seller's employment policies for such situations. (f) Landlord agrees To the extent the parties agree that additional employees should be leased by Seller to maintain Buyer, such employees shall be leased pursuant to this Article IX which lease shall be effected by adding the exterior and interior appropriate names to Exhibit 1 through a written acknowledgement of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Leaseparties. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Asset Purchase Agreement (Worldport Communications Inc)

Services. As long (a) Subject to payment by Tenant of Operating Expenses and the charges for utilities as Tenant is not provided in default under any of the covenants or provisions of this LeaseSections 7 and 8 above, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents provide or invitees, and Landlord shall also provide cause to be provided the following services during reasonable and usual business hours for throughout the term of this Lease as followsTerm: (ai) Air Provide water for drinking, lavatory and toilet purposes on the floor(s) on which the Demised Premises are located; (ii) Furnish heat, ventilation and air-conditioning and heat (“HVAC Service”) to the Demised Premises for normal ordinary office purposes onlyon a 24/7 basis; (iii) Furnish electricity to the Demised Premises for ordinary office purposes. Tenant’s use of electrical service shall not exceed, to provide either in voltage, rated capacity or overall load, that which Landlord determines is standard for office use at the Building. (iv) Provide bonded janitorial services in accordance with Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. building standard janitorial specifications as set forth on Exhibit “D” attached hereto. Any and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. all additional or specialized janitorial service desired by Tenant agrees shall be contracted for by Tenant directly with a vendor approved by Landlord (such approval not to use any apparatus be unreasonably withheld), and the cost and payment thereof shall be the sole responsibility of Tenant; and (v) Provide access to the Building and the Demised Premises twenty-four hours per day, seven days per week, subject to reasonable security measures as may be implemented by Landlord. (b) If Tenant requests permission to consume excess or devicesupplemental electrical service, in HVAC Service or other utility services, Landlord may withhold its consent or condition its consent upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants conditions that Landlord reasonably determines, and in the Buildingevent such consent is granted, all costs for such additional service, including, without limitation, required changes, replacements or additions to the existing facilities servicing the Demised Premises, shall be paid for by Tenant at Tenant’s sole cost and Tenant further agrees not to connect any apparatus or device with expense. Without limiting the conduits or pipesforegoing, if Tenant’s usage of electricity or other means by which utility service is substantially in excess of that for standard office tenancies and if such services are supplied, for utility service to the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision Demised Premises is not separately metered to excessthe Demised Premises pursuant to Section 8 above, Landlord reserves the right to charge adjust Tenant’s pro-rata share of such charges, as referred to in Section 8(a) above, in order to equitably reflect a surcharge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachuse. (c) Lighting replacementTenant shall directly reimburse Landlord for any supplemental services requested by Tenant and supplied by Landlord, public restroom suppliessaid reimbursement to be paid within ten (10) days after Tenant’s receipt of Landlord’s invoice therefor. Notwithstanding the foregoing, window washing with reasonable frequency, and janitor service Landlord shall have no obligation to the Premises during the times and in the manner that provide any such janitor supplemental services are customarily furnished in general office buildings in the areato Tenant. (d) Taxes and insurance on It is understood that Landlord does not warrant that any of the Premises, except as otherwise provided herein. (e) Parking services referred to in this Section will be provided on free from interruption from causes beyond the parking lots on the Property on reasonable control of Landlord. No interruption of service shall ever be deemed an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some eviction or all tenants or other parties. (f) Landlord agrees to maintain the exterior disturbance of Tenant’s use and interior possession of the Building and Property Demised Premises or any part thereof or render Landlord liable to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable Tenant for damages, nor shall permit Tenant to ▇▇▇▇▇ Rent or otherwise relieve Tenant from performance of Tenant’s obligations under this Lease. Notwithstanding the rental herein reserved be abated for failure foregoing, if any “Essential Service” (as hereinafter defined) which Landlord is required to furnish provide to the Demised Premises pursuant to the terms of this Section is interrupted due to the negligence of Landlord, its agents or any delay in furnishing any employees (a “Service Interruption”) and such Service Interruption causes all or a material portion of the foregoing services when there are disturbances Demised Premises to be untenantable (the “Affected Space”) for a period of five (5) or labor disputes more consecutive business days after written notice thereof from Tenant to Landlord (the “Interruption Notice”), then, provided that Tenant is neither conducting business nor operating in the Affected Space, the Annual Base Rent shall ▇▇▇▇▇ in the proportion that the rentable square footage of any characterthe Affected Space in which Tenant is not operating, or by inability bears to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making rentable square footage of necessary repairs or improvements to the Demised Premises, which abatement shall commence on the sixth (6th) business day following Landlord’s receipt of the Interruption Notice and expire on the earlier of Tenant’s re-occupancy of the Affected Space or unavailability of utilities due the date that the Service Interruption is remedied. Notwithstanding the foregoing, in no event shall Tenant be entitled to governmental restrictions abatement or any other conditions beyond remedy if the interruption of any Essential Service is caused in whole or in part by the negligence of Tenant, its agents or employees. Tenant agrees that the rental abatement described herein shall be Tenant’s sole remedy in the event of a Service Interruption and Tenant hereby waives any other rights against Landlord, at law or in equity, in connection therewith, including, without limitation, any right to terminate this Lease, to claim an actual or constructive eviction, or to bring an action for money damages. For purposes of this Section, an “Essential Service” shall mean the service provided by the HVAC systems, plumbing and waste disposal systems and electrical systems (to the extent supplied by Landlord) and lack of access to the Demised Premises. Nothing contained herein shall limit Tenant’s control nor shall right to abatement in the temporary failure to furnish any case of such services be construed a fire or other casualty or condemnation as an eviction of Tenant provided in the “Fire or relieve Tenant from the duty of observing and performing any of the provisions Casualty” or “Condemnation” Sections of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement (Voxware Inc)

Services. As long as Tenant is not in default under any of Until the covenants expiration or provisions sooner termination of this LeaseAgreement, Landlord shall maintain the Premises will supply Building standard amounts of water, ventilation and the public electricity during Ordinary Business Hours and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors Building standard janitorial services and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following other services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied generally offered to tenants in the BuildingBuilding (and the cost thereof shall be referred to herein as "Operating Expenses"). Tenant shall have access to the parking privileges, if any, specified on Schedule 1. Landlord shall determine the location of all such parking privileges. Tenant shall pay the parking charges related thereto; as such charges may change from time to time. Tenant shall pay to Landlord, of all at the charges established by Landlord from time to time, for any extra services furnished by Landlord in excess of Landlord's standard services set forth above and/or during hours other than ordinary business hours and for any and all supplementary services provided by Landlord or its agents to Tenant, which charges shall be payable by Tenant upon demand by Landlord. Tenant shall not install or use in the Premises any equipment, which would generate heat so as to adversely affect the heating, ventilating and air conditioning system, whether or not such system is presently operable. Landlord, throughout the Term of this Agreement, shall have free access to any and all mechanical installations of Landlord, including, but not limited to, air conditioning, fan, ventilating hoods and machine rooms, telephone rooms and electrical closets. Tenant further agrees not to connect that neither Tenant, nor its agents, servants, employees, contractors or visitors shall at any apparatus time enter the said enclosures or device with the conduits tamper with, adjust, touch or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of otherwise in any way affect Landlord's said mechanical installations. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach stop service of the obligation plumbing, heating or cleaning services, when necessary by reason of accident or emergency or for inspection, repairs, alterations, decorations, additions or improvements, which in the judgment of Landlord are desirable or necessary to pay rent under this Lease be made, until the same shall have been completed, and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, further have no responsibility or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated liability for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish supply any of such services be construed in such instance. Except as an eviction of expressly set forth in this Section, Landlord will have no obligation to supply any services to the Premises. Tenant acknowledges and agrees that Landlord shall have no obligation to provide telephone or internet access or service, although Tenant shall pay for such service if so provided by Landlord, to the extent utilized by Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Leaseits employees, provided Landlord uses reasonable efforts to cure such interruptioncontractors, subcontractors or agents.

Appears in 1 contract

Sources: Lease Agreement (Us Dataworks Inc)

Services. As long Landlord agrees that it shall: A. Provide self-service passenger elevator service to the Demised Premises from the ground floor. Access to the Demised Premises shall at all times be subject to compliance with such security measures as shall be in effect for the Building B. Provide Janitorial service to the Demised Premises and the Common Areas in the Building as are customarily provided in first class office buildings in Palm Beach County, Florida. Any and all additional or specialized janitorial service desired by Tenant shall be contracted for by Tenant directly and the cost and payment thereof shall be and remain the sole responsibility of Tenant. The firm providing such janitorial service shall first be approved by Landlord, and Tenant shall not be entitled to any reduction, abatement, or other credit against its Proportionate Share of Operating Expenses on account of any contract for additional or specialized janitorial services, whether or not Landlord's janitorial services are continued by Tenant. Janitorial services are to be provided as detailed in the Cleaning Specifications Schedule attached as Exhibit "D." C. Subject to the provisions of Paragraphs 12 and 15 hereof, make all necessary repairs of damage to the Common Areas of the Building, equipment used to provide services specified herein and to the roof, outside walls and structural members of the Building and Parking Facilities. In the event that any repair is required by reason of the negligence or abuse of Tenant or its agents, employees or invitees, or of any other person entering the Building with Tenant's consent, express or implied, Landlord may make such repair and add the cost thereof to the first installment of rent which will thereafter become due. D. Furnish the Common Areas of the Property with electrical service for lighting and normal office use. Furnish the Demised Premises with heating or air conditioning between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday, excluding federal and state holidays. Tenant may be permitted the use of after hours air conditioning at Landlord's discretion, said after hours air conditioning to be separately metered by floor only, and Tenant shall pay to Landlord, in addition to Tenant's Proportionate Share of Operating Expenses, the after hours air conditioning fee determined by Landlord, in its sole and absolute discretion to be a reasonable charge for said services, and such sums shall be paid by Tenant as Additional Rent under this Lease. E. The costs of all services provided in this Paragraph 8 not separately charged to Tenant shall constitute Operating Expenses an defined in default under Paragraph 5 above, Tenant acknowledges that Landlord does not warrant that any of the covenants or provisions of services referred to in this Lease, Landlord shall maintain Paragraph 8 will be free from interruption from causes beyond the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent control of Landlord. Should No interruption of service shall ever be deemed an eviction or disturbance of Tenant use such services or render Landlord liable to Tenant for damages by abatement of Rent or otherwise, or relieve Tenant from performance of Tenant's obligations under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basisLease, unless Landlord, after reasonable notice, shall willfully and without cause fail or refuse to take reasonable action within its discretion assigns reserved spaces control to some or all tenants or other partiesrestore such service. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Extension Agreement (National Auto Finance Co Inc)

Services. As long 2.1 INOAPPS will provide to CUSTOMER, and CUSTOMER shall pay for, the Services in accordance with the terms of this Agreement and as Tenant set out in each Statement of Work or Order Form. 2.2 CUSTOMER may request and INOAPPS may recommend changes to the Agreement and any applicable Statement of Work and such changes will be governed in accordance with Clause 10. 2.3 INOAPPS reserves the right to make changes to any Services or Work Package which is required to conform to changes to any applicable law, regulation or safety requirement or which do not materially affect their quality or performance. Such changes will be governed in default under accordance with Clause 10. For the avoidance of doubt this does not apply to ongoing support and maintenance of pre-existing Deliverables, the ongoing support of which is covered by agreements other than this Agreement, its Appendices and/or applicable Statements of Work. 2.4 CUSTOMER shall be responsible for giving INOAPPS any necessary information, and for the accuracy of such information relating to a Work Package within a sufficient time to enable INOAPPS to perform the Services applicable to that Work Package. 2.5 CUSTOMER shall undertake ultimate responsibility for the direction and control of a Work Package unless otherwise agreed and detailed in the applicable Statement of Work. 2.6 INOAPPS shall use its reasonable endeavours to complete the work by the anticipated date of completion. 2.7 Should INOAPPS suffer additional loss or incur extra expense or should the extent of the covenants Services be increased by reason of any delay, variation, interruption or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas suspension of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by Services arising from any act or omission of the act of TenantCUSTOMER , its employees, agents or inviteessub contractors, or delay that causes INOAPPS not to comply with any of its obligations contained in this Agreement, including the timely provision of the Service and Landlord items specified in Clause 6, INOAPPS suffering such loss or expense shall also provide be entitled to compensation, not exceeding the following services during reasonable daily time and usual business hours materials cost and incurred expenses of maintaining the Staff allocated to the service for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount duration of such services usually furnished delay. In this case, INOAPPS suffering the loss or supplied extra expense shall promptly notify the CUSTOMER of the reasons why it may incur in such additional costs so that the CUSTOMER shall have an early notice in order to tenants minimise and assess the causes of such costs. The Parties agree to take reasonable steps to mitigate such costs as may be incurred as any result of any delay defined by this Clause. Should any delays to the Services being performed in the Building, and Tenant further agrees not to connect any apparatus or device accordance with the conduits or pipesScope of Work be at the default of CUSTOMER, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves INOAPPS reserve the right to charge for such services. alter the payment dates as detailed in the Payment Schedule or Order Form, and the overall Charges. 2.8 The charge Parties shall be payable as additional rental. Should Tenant refuse maintain the Key Roles detailed in any applicable Statement of Work to make payment upon demand of Landlord, such excess charge shall constitute a breach the extent needed during the performance of the obligation Services. Each will consult the other prior to pay rent under this Lease replacing or removing any individual assigned to any of such Key Roles or the Key Role itself and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlordother’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, consent shall not be liable for damagesunreasonably withheld or delayed. For the avoidance of doubt, nor the other Party’s consent shall not be required where the rental herein reserved be abated for failure cause of replacement or removal is beyond that Party’s reasonable control, including but not limited to furnish cases of long term sickness, voluntary leave of absence or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptiondismissal.

Appears in 1 contract

Sources: Services Agreement

Services. As long as Tenant is (a) Subtenant shall be entitled to receive with respect to the Premises any services and repairs to be supplied under the Master Lease by Master Landlord. The foregoing notwithstanding, Sublandlord shall have no obligation to supply any such services or repairs, and Subtenant shall not in default under look to Sublandlord to provide same. If Master Landlord fails or refuses to comply with any of the covenants or provisions of this Lease, Landlord shall maintain the Master Lease that affects the Premises and or Subtenant’s rights under this Sublease during the public and common areas Term hereof, Sublandlord, upon request of the PropertySubtenant, such as lobbiesshall exercise commercially reasonable efforts (without thereby being required to commence any action or proceeding, stairsexpend any monies or incur any expenses unless Subtenant reimburses Sublandlord therefor) to cause Master Landlord to so comply. However, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or inviteesSublandlord shall not be liable to Subtenant, and Subtenant’s obligations hereunder shall not be impaired nor the performance thereof be excused, because of any failure or delay by Master Landlord shall also provide in performing such obligations under the following services during reasonable and usual business hours for the term Master Lease (or because of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which Sublandlord in any way may increase the amount of failing to enforce such services usually furnished or supplied to tenants obligations, except as required in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable Paragraph 7) as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach affecting Subtenant’s occupancy of the obligation Premises. Sublandlord agrees to pay rent forward to Master Landlord each notice that Subtenant delivers to Sublandlord advising of any default by Master Landlord under this the Master Lease and shall entitle Landlord relating to Subtenant’s occupancy of the rights hereinafter granted for such breachPremises. (b) Electric power Subtenant shall direct all requests for lighting services and operation of office machines, air conditioning and heating as may be required repairs to the Sublandlord. If Subtenant shall request any services or repairs for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include which a charge for is imposed under the Master Lease, Subtenant shall pay the full amount of such electricity charge as an addition Additional Rent to Sublandlord pursuant to the monthly rental with such charge to be based upon the average cost per unit terms of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand Paragraph (b) of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning Article 3 of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionSublease.

Appears in 1 contract

Sources: Sublease Agreement (PRN Corp)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain furnish the Premises premises with a reasonable amount of water and the public and common areas electricity suitable for general office uses including a normal complement of the Propertyelectrical office equipment, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition daily janitor service except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.on Saturdays, Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom suppliesholidays, window washing with reasonable frequency, replacement of fluorescent tubes and janitor light bulbs, toilet room supplies, and elevator service to consisting of non-attended automatic elevators. Such heat and air-conditioning as may be required for the Premises during comfortable occupation of the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking premises will be provided during the hours of 7:30 AM to 6:00 PM daily except Saturdays, Sundays and public holidays. During other hours, Landlord shall provide reasonable heat and air-conditioning upon twenty-four (24) hours' notice by Tenant to Landlord, and Tenant, upon presentation of a ▇▇▇▇ therefor, shall pay Landlord for such service on an hourly basis at the then prevailing rate as established by Landlord. The current hourly rate is Thirty Dollars ($30.00) per hour. This rate shall be reviewed and may be subject to adjustment annually. If in the reasonable judgment of Landlord any equipment or device used on the parking lots on premises (other than the Property on an unallocated basisusual office machines permitted pursuant to Paragraph 4 hereof) will result in unusual electrical (e.g., unless Landlord24-hour, within its discretion assigns reserved spaces to some on-line computer functions) or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub carewater use, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may either (i) close estimate the Building during amount of Tenant's excess usage and charge Tenant a surcharge based on the period from: 6:00 p.m. until current actual utility rates for the following 7:00 a.m. each weekday; building, or (ii) open cause a special meter to be installed on the Building premises to measure the amount of electric current or water consumed for such equipment or device. Tenant shall pay all expenses directly related to any such meters, including without limitation, the expense of such meters and of installation, maintenance and repair thereof, for all such electric current or water so consumed (at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close rates then in effect by the Building all day Sundayutility furnishing same utilizing the average rate for the building), and reopen for the following Monday morning at 7:00 amexpense of keeping account of the electric current or water so consumed. If Landlord does not install such separate meter until after the use of such equipment or device has commenced, (iii) close Tenant shall pay the Building all holidays, actual expense of electric current or (iv) close water consumed prior to installation of the Building at such other hours meter as reasonably estimated by Landlord on the basis of actual use determined after installation of the meter. Landlord may from time to time reasonably determine; after which hour admittance may be gained only under install supplemental air conditioning units in the premises or otherwise provide supplemental air conditioning if any heat-generating equipment or devices are installed or used on the premises, and all expenses of such regulations as may from time to time be prescribed by Landlord. supplemental air conditioning (h) Passenger elevator serviceincluding without limitation installation, operation, repair and maintenance, separate metering, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m.any, and Saturday from 8:00 a.m. to 12:00 p.m.accounting for such expenses), Sunday and holidays excepted. Automatic elevator service determined in the reasonable judgment of Landlord, shall be deemed “elevator services” within the meaning of this paragraphpaid by Tenant. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damagesdirect or indirect or consequential damage or damages for (i) personal discomfort, inconvenience, illness, injury or death of Tenant, its employees, agents, invitees, clients, licensees, guests, customers or any other persons whatsoever, nor shall (ii) injury or damage to property, by reason of the rental herein reserved be abated for failure to furnish operation or any delay in furnishing non-operation of any of the foregoing services when there are disturbances above-referenced equipment or labor disputes systems, or for any interruption, reduction, or cessation of the supply, quality or character of any characterutility or other service, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or unless caused by the making gross negligence or willful misconduct of necessary repairs Landlord. Tenant shall be solely responsible for providing appropriate protections (including data storage back- up devices) against loss of its computer data or improvements other electronic data. Landlord's obligations hereunder are subject to Premisesadoption by Landlord of energy conservation measures required by any governmental entity, or unavailability and Tenant shall cooperate in effectuating such energy conservation measures upon request of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall Landlord including without limitation those measures specified in the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing Project Rules and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionRegulations.

Appears in 1 contract

Sources: Sublease Agreement (E Stamp Corp)

Services. As long as (a) Tenant shall have the right to obtain service from City’s water, sewerage, storm water drainage and electric power facilities, but shall acquire no title thereto. Tenant shall have the right to request and receive telephone and communications services and illuminating or industrial gas service, subject to the customary rules and regulations of these utility companies, from the utility companies furnishing such services, whether the companies deliver such services directly through their own conduits or pipes or through conduits or pipes owned by City. ▇▇▇▇▇▇ agrees to pay all charges legally exacted for said utility services. Tenant may alter, relocate, or add to said existing facilities and utilities, provided written approval by City of plans for such alteration or relocation is first obtained. Tenant shall not in default under any cross connect water supplies from sources other than City’s supply pipes. City shall have the right, upon reasonable notice to Tenant and without unreasonably or unduly interfering with Tenant’s use of the covenants or provisions of this Lease, Landlord shall maintain Premises to enter upon the Premises and install, construct, maintain, operate and remove water pipes, drainage pipes, electric power supply lines, telephone and communication conduits, sewerage lines for general airport use, provided that such entry, installation, construction, maintenance, operation, or removal, shall not reduce the public and common areas useable square footage of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition Premises (except for damage occasioned by to a de minimis extent). Unless due to the act fault of Tenant, its employees, agents or invitees, and Landlord the expense of any said operation shall also provide be borne by City. In the following services during reasonable and usual business hours for the term event of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or excavation by City upon or about the Premises which in for any way may increase the amount of such services usually furnished or supplied to tenants in the Buildingsaid purposes, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge said Premises shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord restored to the rights hereinafter granted for such breachimmediately prior condition at City’s expense, unless due to the fault of Tenant. (b) Electric power for lighting and operation Prior to the beginning of office machinesany construction by Tenant that involves excavation or otherwise might affect underground utilities, air conditioning and heating Tenant shall locate all existing underground utilities belonging to City or its tenants in order to avoid damage to said utilities. Any damage to existing pavement, underground facilities or other improvements belonging to City caused by Tenant’s operations shall be repaired to the satisfaction of City by Tenant at its expense. Tenant shall promptly backfill any trench made by it on the Premises so as may be required for comfortable occupancy to leave the surface of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.ground thereover, as nearly normal as practical, and Saturday from 8:00 a.m. restore pavement and landscaping to 12:00 p.m., Sundays and holidays exceptedits original condition. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to This shall include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand restoration of Landlord such excess chargelandscaping, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachfencing, gates, roadways, traffic signs, driveways, parking lots, guardrails or any other improvements. (c) Lighting replacementDrains or other facilities provided by Tenant for the purpose of disposing of storm or other waters shall in no case be connected to sanitary sewers. In the event that Tenant’s facilities (either storm or sanitary) are below an elevation that will permit gravity flow into facilities provided by City, public restroom supplies, window washing with reasonable frequency, then Tenant shall provide and janitor service maintain such pumping facilities as may be necessary to deliver storm water or sanitary sewage to the Premises during proper drainage system facilities or sanitary sewers provided by City for the times and in disposal of same. Tenant must provide adequate separations to prevent flow into the manner that such janitor services are customarily furnished in general office buildings in sanitary sewer system of petroleum products or chemicals or any foreign matter. Tenant shall take all reasonable precautions to prevent material going into the area. (d) Taxes and insurance on drainage system which would create interference with the Premisesflow therein, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants which would cause undue hazards or other parties. (f) Landlord agrees to maintain the exterior and interior unlawful contamination of the Building and Property to include lawn and shrub care, snow removal, maintenance waters of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in San Francisco Bay into which the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance drainage flow may be gained only under such regulations as may from time to time be prescribed by Landlorddeposited. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement

Services. As long as Tenant is not 32.1 Landlord will provide no services for the demised premises other than the utility services to the extent provided in default under any of the covenants or provisions Article 7 of this Lease. 32.2 Tenant shall, at its own cost and expense, dispose of all its garbage and waste matter in compliance with the rules and regulations established by Landlord from time to time and those of all governmental agencies having jurisdiction. All refuse shall be kept in air-tight containers. Tenant shall be required to have its garbage removed from the demised premises via the route reasonably designated by Landlord to a location in or near the Building reasonably designated by Landlord, on a reasonable basis and during hours designated by Landlord. Tenant shall pay directly to the carting company, unless Landlord elects otherwise. In removing such garbage and waste matter from the demised premises, Tenant shall use closed containers of such nature that in the process of such removal, no vermin or waste matter shall spill or flow from such containers. 32.3 Tenant, at its own cost and expense, shall keep the demised premises free from vermin, rodents or anything of like, objectionable nature ("Vermin"), and shall employ only such Vermin exterminating contractors as are approved by Landlord. In the event of Tenant's failure to keep the demised premises free from Vermin, Landlord shall maintain have the Premises and the public and common areas of the Propertyright, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of at Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only's expense, to provide in take all necessary and proper measures to eradicate any and all Vermin from the demised premises. At Landlord’s judgment's option, comfortable occupancy Monday through Friday Tenant shall pay to Landlord, as additional rent, the cost of employing an exterminator, on a regular basis, to keep the demised premises free from 8:00 a.m. Vermin. 32.4 Subject to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services its obligations under this provision to excessSection 30.1, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor stop services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premisesplumbing, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or electric and other parties. (f) Landlord agrees to maintain the exterior and interior systems of the Building when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements, provided that except in case of emergency, Landlord will notify Tenant in advance, if possible, of any such stoppage and, if ascertainable, its estimated duration, and Property will proceed diligently with the work necessary to include lawn resume such service as promptly as possible and shrub care, snow removal, maintenance in a manner so as to minimize interference with the Tenant's use and enjoyment of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Leasedemised premises. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement (Vision Sciences Inc /De/)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide furnish the following services during reasonable and usual business hours for to Tenant while occupying the term of this Lease as followsleased Premised provided no Default is in existence: (a) Air conditioning and heat A. Tempered domestic water at those points of supply provided for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to general use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to other tenants in the Building; B. Subject to curtailment by legal Requirements, central heat and air conditioning in season in such temperatures and in such amounts as are considered by landlord to be standard in a first class office building in the city wherein the Building is located. C. Electric lighting service for all service areas and Building Common Areas in the manner and to the extent deemed by landlord to be consistent with the standards of a first class office building; D. Janitorial service on a five day week basis in a manner consistent with the standards of a first class office building; provided, however, if Tenant's floor coverings or other improvements are other than Building standard, Tenant shall pay actual additional cleaning costs attributable thereto, if any, plus 15% overhead; E. Equipment and personnel to limit access to the Building outside Normal Business Hours, provided, however, that Landlord shall have no responsibility or liability to Tenant, any Tenant-Related Party or to anyone who may claim by or through Tenant or any Tenant-Related Party for any loss, claim or damage arising out of theft, burglary, assault or other injury to persons or property caused by persons gaining access to the Building or the Leased Premises, and Tenant hereby releases Landlord from any and all liability relating thereto and further agrees covenants not to connect ▇▇▇ or bring any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachaction against landlord arising therefrom. (b) Electric power for lighting F. All Building standard fluorescent bulb replacement and operation of office machinesincandescent bulb replacement in service areas, air conditioning Building Common Areas and heating the Leased Premises, G. Non-exclusive passenger elevator service in common with others during Normal Business Hours subject to such rules and regulations as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may established from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord.; (h) Passenger elevator serviceH. Extermination and pest control, if normally provided for Buildingwhere necessary. To the extent that services described above require electricity, daily from 7:00 a.m. to 6:00 p.m.gas and water supplied by a public utility company, and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service Landlord's obligation shall be deemed “elevator services” within to use reasonable efforts to cause the meaning of applicable public utility company to furnish the same. Failure by Landlord to furnish the services described in this paragraph. Landlord shall make reasonable effort Article 4 to provide the foregoing servicesany extent, but in or any eventcessation thereof, shall not be render Landlord liable in any respect for damages, nor damages to either person or property and such failure shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services not be construed as an eviction of Tenant Tenant, or permit an abatement of rent, or relieve Tenant from the duty fulfillment of observing and performing any convenant or agreement hereof. Should any equipment or machinery, for any cause, cease to function properly Tenant shall have no claim for abatement of the provisions rent or damages on account of this Leaseinterruption of services resulting therefrom, provided Landlord uses reasonable provided, however landlord shall use diligent efforts to cure properly repair or replace such interruptionequipment or machinery and to restore the services.

Appears in 1 contract

Sources: Office Lease (Us Unwired Inc)

Services. As long (a) Landlord shall furnish the Premises on Business Days (Monday-Friday) during Business Hours (Monday-Friday -- 8 AM. - 6 P.M.), as the same may be determined from time to time by Landlord, and while Tenant is not in default under any of the covenants or provisions of this Lease, and subject to the regulations of the Building, the following services: heat, air conditioning, lighting and electricity for personal computers and other portable office equipment, provided that electrical usage in excess of levels generally necessary for ordinary general office purposes shall be paid for by Tenant as provided below. Landlord shall maintain provide janitorial service five (5) times per week. Landlord shall provide unattended elevator service and tower Building security service during such hours as Landlord deems appropriate. Tenant shall pay Landlord, in addition to the payments described in Paragraph 34, the cost of all other services and utilities supplied to the Premises and the public and common areas not listed in this Paragraph. Tenant shall have no right to abatement of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents Rent hereunder or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term to termination of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about when such failure is caused by conditions beyond the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand reasonable control of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machinesincluding accidents, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.repairs, and Saturday from 8:00 a.m. to 12:00 p.m.strikes, Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are labor disturbances or labor disputes of any character, whether resulting from or caused by inability to secure electricityacts of Landlord or otherwise, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall any such failure constitute an eviction; nor shall Landlord be liable under any circumstances for loss of or injury to property, however occurring, through or in connection with or incidental to the temporary furnishing of or failure to furnish any of the foregoing. (b) If Tenant requires heating, ventilating and air conditioning to the Premises other than during Business Hours on Business Days, Landlord shall, upon Tenant's request given not later than 3 P.M. of the Business Day on which Tenant requires the after-hour service, and not later than 3 P.M. on the Friday before any Saturday or Sunday on which Tenant requires such service, and not later than 3P.M. of the Business Day before any holiday on which Tenant requires such service, furnish such heating, ventilating and air conditioning. If Tenant receives such services, then Tenant shall pay, upon demand, an amount equal to Tenant's proportionate share of the actual direct cost to Landlord in providing the heating, ventilating and air conditioning to Tenant and all other tenants of the Building requesting such services outside of Business Hours or Business Days. All services and utilities for the Premises not required to be construed furnished by Landlord pursuant to the first sentence of Paragraph 11(a) shall be paid for by Tenant. If Tenant requires water, heat, air conditioning, electric current, elevator janitorial service in excess of that provided for in Paragraph 11(a), Landlord shall provide the same, at Tenant's expens▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇le. Tenant shall pay to Landlord upon demand the cost of electricity consumed on the Premises in amounts exceeding normal general office usage or during times other than Business Hours, as reasonably estimated by Landlord. Landlord may install an eviction of electric current or water meter (including, without limitation, any additional wiling, conduit or panel required therefor) to measure the excess electric current or water consumed by Tenant or relieve may cause the excess usage to be measured by other reasonable methods (e.g. by temporary "check" meters or by survey). Tenant from shall pay to Landlord upon demand (i) the duty actual cost of observing any and performing all water, heat, air conditioning, electric current, janitorial, elevator or other services and utilities required to be furnished by Landlord as provided in Paragraph 11(a); (ii) the actual cost of installation, maintenance and repair of any meter installed in the Premises; (iii) any reasonable out-of-pocket cost actually incurred by Landlord in keeping account of or determining such excess utilities or services furnished to Tenant. Landlord's failure to bill Tenant for any such excess utilities or services shall not waiv▇ ▇▇ndlord's right to bill Tenant for excess use at a later time. If a regular pattern of ▇▇▇▇ss use is established, Landlord may estimate such excess use based on periodic sampling and may periodically bill Tenant for such estimated excess use not later than twelve (12) ▇▇▇ths after the provisions date of this Lease, provided Landlord uses reasonable efforts to cure such interruptionuse.

Appears in 1 contract

Sources: Office Lease (Bridge Capital Holdings)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for services, the term cost of this Lease as followswhich shall be included in Operating Expenses: (a) Air conditioning A. Standard janitor service as furnished in first class office buildings in the Chicago area in and heat for normal purposes onlyabout the Premises, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.Saturdays, Sundays and holidays excepted. Tenant agrees shall not provide any janitor service. B. Heat and air conditioning of the Premises and common areas, daily from 8:00 A.M. to use any apparatus 6:30 P.M., Saturdays 8:00 A.M. to 1:00 P.M., Sundays and holidays excepted (hereinafter "Business Hours"), whenever heat or deviceair conditioning shall, in or upon or about Landlord's judgment, be required to maintain comfortable temperature. In the event Landlord determines that, as a result of the use by Tenant in the Premises which of electric power for lights and outlets in any way may increase the amount excess of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes3.5 watt▇ ▇▇▇ square foot, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. by more than one person per 200 square feet of rentable area, supplementary air conditioning is required to 6:00 p.m.maintain a comfortable temperature in the Premises, Landlord shall have the right to install supplementary air conditioning equipment in the Premises, and Saturday from 8:00 a.m. to 12:00 p.m.Tenant shall reimburse Landlord for the cost of such equipment and the installation thereof, Sundays promptly upon being billed therefor by Landlord, and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lightingTenant shall thereafter, heatingat its sole cost and expense, ventilatingoperate, air-conditioning and small office machines. Landlord reserves the rightperform necessary repairs, maintenance and, if consumption of electricity exceeds that required for normal office use as specifiednecessary, replacements relative to include a charge for such electricity as an addition said supplementary equipment. See Rider. Without limiting Tenant's obligations relative to the monthly rental repair and maintenance of said supplementary air conditioning equipment as set forth above, Tenant shall, at all times during the term of this Lease during which supplementary air conditioning equipment is installed and operating, have and keep in force a maintenance contract, in form and with such a contractor satisfactory to Landlord, providing for inspection thereof at least once each calendar quarter (which inspection shall encompass the work described on Schedule I attached hereto and made a part hereof) and providing for necessary repairs thereto. Said contract shall provide that it will not be cancelable by either party thereto, except upon thirty (30) days' prior written notice to Landlord. C. Lighting of common areas during appropriate hours, depending upon seasons of the year. D. Water for drinking, lavatory and toilet purposes. Tenant shall pay, at rates fixed by Landlord, for water used for any purpose other than drinking, lavatory and toilet purposes. E. Passenger elevator service in common with other tenants at all times. Any or all elevator service may be automatic. All special or construction elevator service shall be available to Tenant, at no additional charge to Tenant, but shall be based upon subject to reasonable scheduling by Landlord. F. Window washing of all windows in the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the LandlordPremises both inside and out, or weather permitting, at Landlord’s option, intervals to be determined by a submeter to be furnished and installed at Tenant’s expenseLandlord, but no less than three (3) times per year. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach Any additional work or services of the obligation to pay rent under this Lease character described above and shall entitle Landlord to the rights hereinafter granted for any unusual amount of such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some work or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Buildingincluding service furnished outside the stipulated hours, daily from 7:00 a.m. to 6:00 p.m.required by Tenant, and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraphpaid for by Tenant at Landlord's cost, plus 20% thereof for Landlord's overhead. See Rider. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall does not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing warrant that any of the foregoing services when there are disturbances above mentioned will be free from interruptions caused by repairs, renewals, improvements, alterations, strikes, lockouts, accidents, inability of Landlord to obtain fuel or labor disputes of any charactersupplies, or by inability to secure electricity, fuel, supplies, machinery, equipment other causes beyond the reasonable control of Landlord. Any such interruption of service shall never be deemed an eviction or labordisturbance of Tenant's use and possession of the Premises or any part thereof, or by the making of necessary repairs or improvements render Landlord liable to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant for damages or relieve Tenant from the duty performance of observing and performing any of the provisions of Tenant's obligation under this Lease. See Rider. Landlord shall not be obligated to provide ventilating and air conditioning after 10:00 p.m. Landlord's furnishing at its expense of additional services or services at hours other than those specified above shall be at Landlord's option and, provided Landlord uses reasonable efforts to cure such interruptionif furnished, shall never be deemed a continuing obligation of Landlord.

Appears in 1 contract

Sources: Sublease (Quintus Corp)

Services. As long (a) Landlord, subject to the terms of this Paragraph 12 and the Building Rules and Regulations attached hereto as Exhibit B and subject to applicable laws, regulations and rules of public utilities, shall furnish to the Premises water, electrical power and elevator service at all times; heating and air conditioning suitable for the comfortable use and occupation of the Premises (assuming normal office use thereof) during the period (“Business Hours”) from 6:00 a.m. to 5:00 p.m. on weekdays (excluding holidays), or during such other period as may be prescribed by any applicable policies or regulations of any utility or governmental agency; and basic janitorial service on weekdays (excluding union holidays). Tenant is agrees that at all times it will cooperate fully with Landlord and abide by all reasonable, non-discriminatory and uniformly enforced regulations and requirements that Landlord may prescribe for the proper functioning and protection of the Building heating, ventilating and air conditioning systems. Landlord shall not in default under be liable for and Tenant shall not be entitled to any abatement or reduction of Rent by reason of Landlord’s failure to furnish any of the covenants foregoing or provisions any other utilities or services when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, by the limitation, curtailment, rationing or restrictions on use of electricity, gas or any form of energy, or by any other cause, similar or dissimilar; provided, however, that if: (a) a material portion of the Premises is rendered untenantable for the operation of Tenant’s business due to an interruption or material reduction in the furnishing of any utilities or services which Landlord is required to furnish under this Lease (and Tenant does not use or occupy such portion of the Premises), and (b) either (x) Landlord is entitled to be reimbursed by any insurance proceeds payable in connection with such rent abatement (provided, however, that Landlord shall not be required to carry such insurance), or (y) such interruption or material reduction is caused by the gross negligence or willful misconduct of Landlord, then the monthly Base Rent and Additional Rental payable under Paragraph 4 shall be abated in the proportion that the untenantable, unused rentable area of the Premises bears to the total rentable area of the Premises, on a day-to-day basis for each day, based on a thirty (30)-day month, that Tenant shall not use or occupy such portion of the Premises due to such interruption or reduction of utilities or services. In addition, Landlord shall pay for any reasonable deductible payable by Tenant to its insurance carrier in connection with a claim made under its loss of income, extra expense and business interruption insurance if such interruption or material reduction is caused by the negligence of Landlord, which amount Landlord shall credit against the Base Rent next becoming due from Tenant until such credit has been exhausted (provided, however, if the Lease has expired or terminated and there exists no monetary breach under the Lease, then Landlord shall refund such excess to Tenant by check). No failure by Landlord to furnish any utilities or services and no interruption of utilities or services from any cause whatsoever shall constitute an eviction of Tenant, constructive or otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of business by Tenant. In exchange for the abatement rights provided to Tenant under this Lease, Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to such failure or interruption. Landlord shall maintain not be liable under any circumstances for injury to or death of any person or damage to or destruction of property, however occurring, through or in connection with or incidental to the Premises and furnishing of or the public and common areas failure to furnish any of the Propertyforegoing utilities or services or any other utilities or services. (b) Landlord makes no representation to Tenant regarding the adequacy or fitness of the heating, such as lobbiesair conditioning or ventilation equipment in the Building to maintain temperatures that may be required for, stairsor because of, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act any of Tenant, its employees, agents or invitees’s equipment which uses other than the fractional horsepower normally required for office equipment, and Landlord shall also provide have no liability for loss or damage suffered by Tenant or others in connection therewith. If the following services during temperature otherwise maintained in any portion of the Premises by the heating, air conditioning or ventilation system is affected as a result of (i) any lights, machines or equipment (including without limitation electronic data processing machines) used by Tenant in the Premises, (ii) the occupancy of the Premises by more than one person per two hundred (200) square feet of rentable area therein, (iii) an electrical load for lighting or power in excess of the limits per square foot of rentable area of the Premises specified in Paragraph 12(c) below, or (iv) any rearrangement of partitioning or other improvements, Landlord shall have the right to install supplementary air conditioning units or other equipment Landlord reasonably deems appropriate in the Premises, and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord, as Additional Rent, upon demand by Landlord. Prior to any such installation, Landlord shall consult with Tenant and shall afford Tenant a reasonable opportunity to correct or minimize the impact of the condition necessitating such installation and usual business hours for to suggest other means of mitigating any adverse impact on the term of this Lease as follows:Building Systems. (ac) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees it will not, without the written consent of Landlord (which shall not to be unreasonably withheld, conditioned or delayed), use any equipment, apparatus or device, device in or upon or about the Premises (including, without limitation, electronic data processing machines, computers or machines using current in excess of 110 volts) which will, individually or in the aggregate, in any way may increase cause the amount of such services electricity, water or heating, ventilation or air conditioning supplied to the Premises to exceed the amount usually furnished or supplied to tenants premises being used as general office space, or connect with electric current (except through existing electrical outlets in the BuildingPremises) or with water pipes any equipment, apparatus or device for the purposes of using electric current or water. Landlord and Tenant agree that, for purposes of this Paragraph 12, the amount of electricity normally furnished to premises being used as general office space is .80 kilowatt hours per rentable square foot per month (excluding electric power used in supplying heating, ventilating and air conditioning). If Tenant shall require water or electric current in excess of that usually furnished or supplied to premises being used as general office space, Tenant shall first obtain the written consent of Landlord (which shall not be unreasonably withheld, conditioned or delayed), and Landlord may cause an electric current or water meter to be installed in the Premises in order to measure the amount of electric current or water consumed for any such excess use. The cost of any such meter and of the installation, maintenance and repair thereof; all charges for such excess water and electric current consumed (as shown by such meters and at the rates then charged by the furnishing public utility); and any additional expense incurred by Landlord in keeping account of electric current or water so consumed shall be paid by Tenant, and Tenant further agrees not to connect any apparatus or device with the conduits or pipespay Landlord therefor, or other means by which such services are suppliedas Additional Rent, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment promptly upon demand of by Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes Tenant shall give Landlord reasonable notice in making any request for HVAC required outside of Business Hours or additional utilities or services that Tenant requests from Landlord that are not provided for under this Lease. Tenant agrees to pay, as Additional Rent, promptly on demand any and insurance on the Premises, except as otherwise provided hereinall costs incurred by Landlord in connection with providing any additional utilities and services Landlord may provide. (e) Parking will be provided on In the parking lots on event any governmental authority having jurisdiction over the Real Property on an unallocated basisor the Building promulgates or revises any law, unless Landlordordinance or regulation or building, within its discretion assigns reserved spaces to some or all tenants fire or other parties. code or imposes mandatory or voluntary controls or guidelines on Landlord or the Real Property or the Building relating to the use or conservation of energy or utilities or the reduction of automobile or other emissions (fcollectively “Controls”) or in the event Landlord agrees is required or elects to maintain make alterations to the exterior Real Property or the Building in order to comply with such mandatory or voluntary Controls, Landlord may, in its sole discretion, comply with such Controls or make such alterations to the Real Property or the Building related thereto. In performing any work in the Premises, Landlord shall use its good faith efforts to minimize any disruption of Tenant’s business or interference with Tenant’s beneficial use and interior enjoyment of the Premises by performing any extraordinarily noisy or disruptive work after Business Hours or on weekends to the extent such procedures would be generally followed by managers of other first-class office buildings in the San Francisco financial district (except to the extent an emergency and/or applicable laws require otherwise, as reasonably determined by Landlord). Except to the extent mandated by any Control, Landlord shall not comply with any Controls in a manner that restricts the use of energy or utilities at the Premises to a greater degree than the restriction of the use of energy or utilities in other portions of the Building (i.e. Landlord shall not comply with Controls in a manner that discriminates against Tenant as compared to all other tenants and Property to include lawn and shrub care, snow removal, maintenance users of the structure, roof, mechanical Building). Such compliance and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor such alterations shall the temporary failure to furnish any of such services be construed as not constitute an eviction of Tenant Tenant, constructive or relieve Tenant from the duty otherwise, or impose upon Landlord any liability whatsoever, including, but not limited to, liability for consequential damages or loss of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionbusiness by Tenant.

Appears in 1 contract

Sources: Lease Agreement (JMP Group Inc.)

Services. As long The following services and facilities shall be supplied by Landlord to Tenant in connection with Tenant's use of the Second Additional Space, in common with other tenants of the building of which the Second Additional Space is a part: (A) Landlord shall supply the Second Additional Space with electric service for heat, air conditioning, lighting and power to operate business machines and equipment. Landlord shall furnish and install a meter for measuring Tenant's electric usage in the Second Additional Space and Tenant shall pay utility company direct for such usage in the Second Additional Space. Landlord shall, at its expense, repair and maintain standard building equipment used to furnish power to the Second Additional Space which shall be reimbursed according to the Operating Expense Addendum attached to the Commercial Lease Agreement except as Tenant modified by this Second Addendum. (B) Providing Landlord is not grossly negligent, Landlord shall have no responsibility or liability to Tenant, nor shall there be any abatement in the said rent for any failure to supply any of said services and facilities that Landlord has agreed to supply hereunder during such period as the services and facilities are out of order, undergoing repair as a direct and necessary result of labor disorders, strikes, accidents or other causes beyond Landlord's control, In case of emergency which is not in default under any Landlord's control or because of the covenants labor disturbances, strikes, accidents or provisions of this Leasecauses beyond Landlord's control, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours may do so for the term of this Lease as follows: (a) Air conditioning period necessary and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. required and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, there shall not be liable for damagesany abatement in rent or other liability to Tenant. However, nor shall Landlord acknowledges and understands the rental herein reserved be abated for failure importance of uninterrupted utility services to furnish or any delay Tenant and agrees to exercise due diligence to maintain such uninterrupted service if within the Landlord's control and, furthermore, to attempt to notify Tenant in furnishing any of the foregoing services when there are disturbances or labor disputes advance, if practicable, of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such anticipated interruption.

Appears in 1 contract

Sources: Commercial Lease Agreement (Fastnet Corp)

Services. As long Subject to and upon the terms hereof, Landlord shall furnish to Tenant from and after the Commencement Date: (i) water at those points of supply provided for general use of tenants of the Building as designated by Landlord on the Tenant is not Working Drawings (as defined in default under Exhibit D-1 attached hereto and incorporated herein by reference); (ii) heated and refrigerated air conditioning as appropriate, at such temperatures and in such amounts as are required by governmental authority or as Landlord reasonably determines are standard for the Building; (iii) janitorial service to the Premises on weekdays (on a schedule determined by Landlord), other than Holidays, for Building-standard installations; (iv) elevators for ingress and egress to the floor on which the Premises are located, in common with other tenants, provided that Landlord may limit the number of operating elevators during non-business hours, during repairs, and Holidays; and (v) electrical current during Normal Business Hours for equipment lighting and current for the Common Areas of the Building in the manner and to the extent deemed by Landlord to be “standard” and sufficient electric lighting and current for Tenant within its Premises in accordance with the Base Building Condition. If Tenant desires any of the covenants or provisions services specified in Section 7(a)(ii) at a time other than Normal Business Hours, then such services shall be supplied to Tenant upon the written request of this Lease, Tenant delivered to Landlord shall maintain before 3:00 p.m. on the Premises and the public and common areas of the Property, Business Day preceding such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or inviteesextra usage, and Tenant shall pay to Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount cost of such services usually furnished within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hours, shall be [***] ($[***]) per hour, subject to adjustment from time to time, plus applicable start-up fees if Tenant’s request for such service is not made during Normal Business Hours. Landlord will be permitted, without prior written notice to Tenant, to interrupt such services as needed to perform repairs and maintenance or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device connection with the conduits or pipes, or construction of other means by which such tenants’ premises. Any above-standard services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should provided to Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed provided at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal which charges shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequencybe considered Additional Rent, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the areawhich Tenant shall pay promptly upon being invoiced therefor. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Office Lease Agreement (Heron Therapeutics, Inc. /De/)

Services. As A. Except as may be specifically identified herein as an obligation of Sublessor, Sublessee agrees and acknowledges that Sublessor shall have no obligation or responsibility whatsoever to provide or perform any service, repair, alteration or other similar obligation which is the obligation of Landlord to provide or perform pursuant to the provisions and terms of the Master Lease. B. Sublessee recognizes that Sublessor does not control the operation of the Building or the furnishing of utilities and services therein or to the Premises. Accordingly, all of the agreements and obligations of Sublessor under this Sublease, express or implied, without limitation, any agreement or obligation to furnish utilities or services, are expressly dependent upon the performance and observation by the Landlord of its agreements and obligations under the Master Lease. If the Landlord shall default in the performance or observance of any of its agreements or obligations under the Master Lease, either for the furnishing of utilities or services or otherwise, Sublessor shall not be liable therefor to Sublessee. Any condition resulting from such default by the Landlord that adversely affects the habitability of the Premises at Sublessee's option, shall constitute an eviction, and Sublessee shall be entitled to cancel this Sublease or to accept a proportional reduction in or abatement of the rents provided for herein, if such reduction or abatement of rents is permitted by the terms of the Master Lease, upon thirty (30) days notice of such condition to Sublessor and failure of Sublessor to correct such condition within such period. Notwithstanding the foregoing provisions of this paragraph, Sublessor agrees to assist Sublessee in obtaining Landlord's performance of its obligations under the Master Lease. C. So long as Tenant is Sublessee shall not be in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning Sublease, Sublessor shall, at its own cost and heat for normal purposes onlyexpense, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about furnish the Premises which with water, heat, air conditioning, electricity, sewerage, and five-day per week janitorial services. These utilities and services shall be provided during ordinary business hours in accordance with the terms of the Master Lease. Sublessor shall not be liable or responsible for any way may increase the amount of such services usually furnished or supplied to tenants interruption in the Building, and Tenant further agrees not utilities or other services due to connect any apparatus causes beyond Sublessor's reasonable control or device interruptions in connection with the conduits making of repairs or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord improvements to the rights hereinafter granted for Premises, Property or the Building. Any such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy interruption that adversely affects the habitability of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.shall, at Sublessee's option, constitute an eviction, and Saturday from 8:00 a.m. Sublessee shall be entitled to 12:00 p.m., Sundays cancel this Sublease or to accept a proportional reduction or abatement of rent upon thirty (30) days notice of such interruption to Sublessor and holidays excepted. Electric power failure of Sublessor to correct such interruption within such period.. Electricity furnished by Sublessor shall be used only for purposes of illumination and the Landlord is intended to be that consumed in operation of normal office and laboratory equipment (excluding main frame computer equipment but including personal computers). Electricity for any other use shall be paid for lighting, heating, ventilating, air-conditioning and small office machines. by Sublessee. D. If Landlord reserves the right, if consumption shall default in any of electricity exceeds that required for normal office use as specified, its obligations to include a charge for such electricity as an addition Sublessor with respect to the monthly rental Premises, Sublessee may, at Sublessee's sole cost and expense, enforce Sublessor's rights against Landlord with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service respect to the Premises during in Sublessor's name, provided, however, that Sublessee shall indemnify and hold Sublessor harmless from and against all liability, loss, demands, penalties or damage which Sublessor may incur or suffer by reason of the times negligent or intentional actions of Sublessee. Sublessor shall also execute any and all documents reasonably required in furtherance of such action. In amplification and not in limitation of the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premisesforegoing, except as otherwise provided herein. (e) Parking in this Sublease, Sublessor will not be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may responsible (i) close for furnishing, painting, window washing or any service to the Building during or the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; Premises or (ii) open for any maintenance, repairs or alterations in or to the Building at 8:00 a.m. and close or the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by LandlordPremises. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Sublease (Universal Standard Medical Laboratories Inc)

Services. As long as Subject to the payment by the Tenant is not in default under any of the covenants or provisions Service Charge made payable in Clause 3.3. hereof and subject also (where relevant) to the availability of this Lease, commodities and labour (which the Landlord shall maintain use its best endeavours to obtain) to use its best endeavours in accordance with the Premises and principles of good estate management to provide or make available or procure the public and common areas provision or making available of the Property, such as lobbies, stairs, atriums, landscaping, corridors services specified in the First and restrooms Second Parts of the Third Schedule hereto in a good order and condition except workmanlike manner and to a level appropriate for damage occasioned by a first class modern office building provided that in performing its obligations hereunder the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during be entitled at its reasonable discretion to employ agents contractors and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours parties as the Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord.deem fit PROVIDED ALWAYS that:- (ha) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. (Save to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning extent that the Landlord has effected insurance cover in respect of this paragraph. such loss) the Landlord shall make reasonable effort not be responsible for any unavoidable delay or stoppage in connection with the provision of the said services or for any loss, injury or damage sustained by the Tenant as a result of the temporary failure of the Landlord or its agents to provide the foregoing servicessame or for any temporary omission to perform the same if such temporary failure, delay, stoppage or omission shall be due to any shortage of labour or materials inclement weather or other cause not within the control of the Landlord but the Landlord shall nevertheless take all reasonable steps to remedy or make good any such failure, delay, stoppage or omission as aforesaid as soon as may be practicable; (b) If the Landlord shall fail to provide the said services as hereinbefore provided the Tenant’s sole remedies shall be an action to compel the Landlord to do so and (save to the extent that the Landlord has effected insurance cover in any event, respect of such loss) the Landlord shall not be liable to the Tenant in respect of any loss, injury or damage (other than death, personal injury or damage to property) which the Tenant shall sustain as a result of the failure of the Landlord to provide such services or the failure of any member of the Landlord’s staff properly to carry out his duties unless the Tenant shall notify the Landlord in writing specifying the failure for damages, nor which the Tenant complains and the Landlord shall after the rental herein reserved expiration of a reasonable period given the nature of the service (and not exceeding twenty one days) from the receipt of the said notice continue to neglect to provide said services in respect of which notice has been given by the Tenant; (c) The Landlord shall be abated for failure entitled to furnish cease to provide or any delay in furnishing to procure the provision of any of the foregoing services when there are disturbances set forth in the First and Second Parts of the Third Schedule hereto if any services shall in the reasonable opinion of the Landlord cease to be for the benefit of the Tenant or labor disputes of any character, the Office Block or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities shall have become due to governmental restrictions technological change or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant otherwise obsolete or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionredundant.

Appears in 1 contract

Sources: Lease Agreement (Elan Corp PLC)

Services. As long as Provided Tenant is not in default under any of default, ▇▇▇▇▇▇▇▇ agrees to furnish Tenant while occupying the covenants or provisions of this Lease, Demised Premises by Landlord shall maintain the Premises following services at Landlord's expense: A. Water and the public and sewer access at designated common areas of the PropertyBuilding. This specifically excludes water used in any cooling or manufacturing process. B. Heating, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or inviteesventilation, and air conditioning (“HVAC”) in such quantity and of such quality as Landlord determines in its sole discretion is reasonably necessary for Tenant's comfortable use and enjoyment of the Demised Premises. HVAC shall also provide be operable from the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 7: 00 a.m. to - 6:00 p.m. on Monday - Friday and Saturday from 8:00 the hours of 7:00 a.m. - 1:00 p.m. on Saturdays. No HVAC will be provided on Sundays, on New Year’s Day, Memorial Day, Independence Day, Thanksgiving or Christmas. At all other times, Tenant shall have the capability of pressing an override button to 12:00 p.m.temporarily (two hours in most cases) obtain HVAC services. If Tenant requires constant HVAC services for cooling of equipment, Sundays Tenant shall be responsible for installing equipment to achieve this level of service at Tenant’s cost. C. Lighting and holidays exceptedelectric current for fractional horsepower equipment within the Demised Premises will be supplied by Landlord to Tenant at all times. Tenant agrees shall not to use install any apparatus equipment or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual lights that generate undue amounts of such services, heat or any high-power usage equipment without the prior written consent of Landlord. Should If Landlord has given its written consent Tenant use shall advance on the first day of each month during the Term, the reasonable amount estimated by Landlord as the expense of furnishing electricity for the operation of any such services under this provision to excessheat generating or high-power usage equipment so installed and the costs (including costs of installation, operation and maintenance) of any supplementary air conditioning necessitated thereby. Further, Landlord reserves may install and operate, at Tenant's expense, a monitoring/ metering system in the right Demised Premises to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of measure the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lightingadded demands on electricity, heating, ventilating, airventilation and air conditioning system resulting from Tenant's heat generating and high-conditioning power equipment usage and small office machines. after-hours service requirements. D. Housekeeping services Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge reasonably deems to be based upon the average cost per unit of electricity required. E. Electrical lighting for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished public areas and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach special service areas of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and Building in the manner that such janitor services are customarily furnished in general office buildings in and to the areaextent deemed by Landlord to be standard. (d) Taxes F. Snow and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on ice removal for the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours sidewalks as Landlord may from time reasonably deems to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlordrequired and achievable. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease (New River Pharmaceuticals Inc)

Services. As long A. Commencing on the date Tenant shall occupy the Demised Premises for the conduct of its business, there shall be one (1) freight elevator serving the Demised Premises and the entire Building on call on a “first come, first served” basis on Business Days from 8:00 A.M. to 5:00 P.M., and on a reservation, “first come, first served” basis from 6:00 P.M. to 8:00 A.M. on Business Days and at any time on days other than Business Days. Tenant shall pay Owner Owner’s standard hourly charges in effect from time to time for Tenant’s use of the freight elevator from 6:00 P.M. to 8:00 A.M. on Business Days and at any time on days other than Business Days. Notwithstanding anything to the contrary contained in the immediately preceding sentence, there shall be no charge to Tenant for Tenant’s use of such freight elevator two (2) times during the period of in which Tenant initially moves into the Demised Premises, provided that such free freight elevator use for the purpose of moving into the Demised Premises shall be at times appointed by Owner between the hours of 6:00 P.M. and 10:00 P.M. on a Business Day only, giving consideration to other previously made appointments. Such use of such elevator shall be without charge to Tenant solely for the aforementioned move-in purposes, shall be on a reservation, “first come, first served” basis, subject to availability, during the aforementioned time periods and shall be subject to scheduling and supervision by Owner. (1) Owner reserves the right to suspend operation of the heating system when Owner in its reasonable judgment deems it necessary by reason of accident or emergency, or of the making of necessary repairs, additions, replacements, alterations or improvements, and such suspension may continue until such time as said repairs, additions, replacements, alterations or improvements have been completed (provided, however, Owner agrees to perform any such work diligently and continuously through completion) , and Tenant is agrees that Owner shall not thereby be responsible in default under any way to Tenant or be subject to any claim by Tenant therefor and that the same shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of Rental, or relieve Tenant from any of the covenants or provisions of its obligations under this Lease, Landlord shall maintain the Premises and the public and common areas or impose any liability upon Owner or its agents by reason of the Propertyinconvenience or annoyance to Tenant, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act or injury to or interruption of Tenant’s business, its employeesor otherwise. Tenant further agrees that Owner shall have no responsibility to Tenant or liability for failure to operate said heating system when such operation by Owner is prevented by Unavoidable Delays or by failure of equipment or electric current, agents steam and/or water or inviteesother suitable power supply. Owner agrees, and Landlord shall also provide however, that it will use reasonable efforts to remove or eliminate the following services during reasonable and usual business hours for the term cause of this Lease as follows:any such suspension of failure to operate said heating system. (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord Owner reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand suspend the operation of Landlord, such excess charge shall constitute a breach any air-conditioning system when Owner in its reasonable judgment deems it necessary by reason of accident or emergency or of the obligation making of necessary repairs, additions, replacements, alterations or improvements, and such suspension may continue until such time as said repairs, additions, replacements, alterations or improvements have been completed, and Tenant agrees that Owner shall not thereby be responsible in any way to pay rent Tenant or be subject to any claim by Tenant therefor and that the same shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of Rental, or relieve Tenant from any of its obligations under this Lease and Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise. Tenant further agrees that Owner shall entitle Landlord have no responsibility to Tenant or liability for failure to operate said air-conditioning system when such operation by Owner is prevented by Unavoidable Delays or by failure of equipment or electric current, steam and/or water or other suitable power supply. Owner agrees, however, that it will use reasonable efforts to remove or eliminate the rights hereinafter granted for cause of any such breachsuspension or failure to operate said air-conditioning system. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of Tenant will cause all windows in the Demised Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, kept closed at all times when the aforesaid air-conditioning and small office machinessystem is in operation. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. draw and close the Building at 12:00 p.m. on Saturday, (iii) close draperies or blinds for the Building windows of the Demised Premises whenever the air-conditioning system is in operation and the position of the sun so requires and will abide by all day Sunday, rules and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord regulations which Owner may from time to time reasonably determine; after find necessary to promulgate for the proper and efficient operation thereof. (3) Owner, throughout the Term, shall have free access to any and all mechanical installations of Owner, including but not limited to heating, air-cooling, fan, ventilating and machine rooms and electrical closets. Tenant shall not construct partitions or other obstructions which hour admittance may be gained only under such regulations as may interfere with Owner’s free access thereto, or interfere with the moving of Owner’s equipment to and from the enclosures containing said installations. Neither Tenant, nor its agents, employees or contractors shall at any time enter the said enclosures or tamper with, adjust or touch or otherwise in any manner affect said mechanical installations. (4) Owner shall clean the Demised Premises in accordance with the cleaning specifications which Owner has, from time to time be prescribed by Landlordtime, adopted for the Building. (h) Passenger elevator serviceC. Tenant, if normally provided at Tenant’s expense, shall cause all portions of the Demised Premises used for Buildingthe storage, preparation, service or consumption of food or beverages to be cleaned daily from 7:00 a.m. in a manner reasonably satisfactory to 6:00 p.m.Owner, and Saturday from 8:00 a.m. to 12:00 p.m.be exterminated against infestation by vermin, Sunday and holidays excepted. Automatic elevator service rodents or roaches regularly and, in addition, whenever there shall be deemed “elevator services” within evidence of any infestation. Tenant shall not permit any person to enter the meaning Demised Premises or the Building for the purpose of this paragraph. Landlord shall make reasonable effort to provide the foregoing providing such extermination services, but other than persons first approved by Owner, such approval not to be withheld, delayed or conditioned unreasonably. D. Owner allows or may allow certain providers of voice, data and video telecommunications services or infrastructure to offer their services or facilities (collectively, “Telecommunications Services”) to Tenant at the Demised Premises pursuant to agreements with the Owner, solely as an amenity for Tenant. Should Tenant wish to use any such Telecommunications Services, it shall enter into a separate agreement with the provider of such services (each, a “Service Agreement”). The availability of Telecommunications Services at the Demised Premises shall not be construed as an endorsement, sponsorship or recommendation by Owner to Tenant of any such services and, in any eventparticular, shall not be liable construed as a warranty, express or implied, of any Telecommunications Services or the provider of such services. Tenant acknowledges and agrees that in no event shall any interruption, delay or failure of any Telecommunications Services, loss of data or other telecommunications transmission, or any act or omission, whether intentional or negligent, by any provider of any Telecommunications Services give rise to any claim or liability against Owner for constructive eviction or for damages, nor shall the rental herein reserved be abated including, without limitation, compensatory, incidental, indirect, special, consequential, exemplary or punitive damages, including, without limitation, damages for failure to furnish lost profits, whether arising out of breach of contract, tort or any delay in furnishing any otherwise, regardless of whether Owner was advised of the foregoing services when there are disturbances possibility of such damages or labor disputes whether the same could have been anticipated and/or avoided by Owner. Any Service Agreement entered into between Tenant and a provider of any characterTelecommunications Services shall contain a clause to substantially the same effect as this section, and providing that Owner shall be deemed a third party beneficiary of such provision, or by inability shall be construed to secure electricitycontain such a provision. ▇. ▇▇▇▇▇▇ shall pay the sewer rent, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions charge or any other conditions beyond Landlordtax, rent, levy or charge which now or hereafter is assessed, imposed or shall become a lien upon the Demised Premises or the realty of which they are a part pursuant to any Requirement made or issued in connection with any metered use, consumption, maintenance or supply of water, water system, or sewage or sewage connection or system. The b▇▇▇ rendered by Owner for the above shall be based upon Tenant’s control nor consumption and shall be payable by Tenant as additional rent within five (5) days of rendition. There shall be no water charge for Tenant’s pantry use; and Owner shall provide cold water to the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionpantry.

Appears in 1 contract

Sources: Lease Agreement (Finjan Holdings, Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, A. Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of agrees to furnish Tenant, its employeeswhile occupying the Premises: water, agents or inviteeshot, cold and refrigerated at those points of supply provided for general use of tenants; heated and refrigerated air conditioning in season at such times as Landlord shall also provide the following normally furnishes these services during reasonable and usual business hours for the term to all tenants of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect at such temperatures as are in accordance with any apparatus applicable statutes, rules or device with the conduits or pipes, or other means regulations and are considered by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and standard; janitor service to the Premises during the times on weekdays other than holidays and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations window washing as may from time to time in the Landlord’s judgment be prescribed by Landlord. (h) Passenger elevator servicereasonably required; operatorless passenger elevators, if normally provided for BuildingLandlord may reasonably limit the number of elevators to be in operation on Saturdays, daily from 7:00 a.m. to 6:00 p.m.Sundays, and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning holidays; but any stoppage or interruption of this paragraph. Landlord shall make reasonable effort to provide the foregoing these defined services, but in resulting from any eventcause, shall not be render Landlord liable in any respect for damagesdamages to any person, property, or business, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord cease to function properly, Landlord shall use reasonable diligence to repair the duty same promptly, but Tenant shall have no claim for rebate of observing and performing rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Landlord hereby reserves the right to charge Tenant for any additional services requested by Tenant on such basis as Landlord, in its sole discretion, determines, provided said charges are standard for tenants of the provisions Building. Whenever heat generating machines or equipment are used by Tenant in the Premises which affect the temperature otherwise maintained by the air conditioning equipment, Landlord reserves the right to install supplementary air conditioning units in the Premises (or for the use of this Leasethe Premises) and the expense of such purchase, installation, maintenance, and repair shall be paid by Tenant upon demand as additional rent. B. Tenant shall not provide any janitorial services without Landlord’s written consent and then only subject to supervision of Landlord. Any such services provided Landlord uses by Tenant shall be Tenant’s sole risk and responsibility. C. If there is an interruption of services which renders the Premises unusable for its intended purpose for more than five (5) consecutive business days and such interruption is a result of factors within the reasonable efforts to cure control of Landlord, then rent shall ▇▇▇▇▇ from the sixth day until such interruptionservices are restored.

Appears in 1 contract

Sources: Office Lease Agreement (Mountains West Exploration Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as followsagrees that it shall: (a) Air conditioning Provide water for drinking, lavatory and heat for normal toilet purposes only, to provide in drawn through fixtures installed by Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach.; (b) Electric power for lighting Furnish heat, ventilation and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach.Demised Premises; (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, Furnish electricity and janitor service natural gas to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area.Demised Premises; and (d) Taxes Provide janitorial services in accordance with Landlord's building standard janitorial specifications which are attached hereto as Exhibit "C". Any and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some all additional or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed specialized janitorial service desired by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service Tenant shall be deemed “elevator services” within contracted for by Tenant directly and the meaning cost and payment thereof shall be the sole responsibility of this paragraphTenant. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any The cost of the foregoing services when there shall be included in Operating Expenses except for those utilities which are disturbances separately metered, as provided in Section 8 above. It is understood that Landlord does not warrant that any of the services referred to in this Section will be free from interruption from causes beyond the reasonable control of Landlord. No interruption of service shall ever be deemed an eviction or labor disputes disturbance of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by Tenant's use and possession of the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions Demised Premises or any other conditions beyond Landlord’s control nor shall the temporary failure part thereof or render Landlord liable to furnish any of such services be construed as an eviction of Tenant for damages, permit Tenant to ▇▇▇▇▇ rent or otherwise relieve Tenant from the duty performance of observing and performing any of the provisions of Tenant's obligations under this Lease. Notwithstanding the foregoing, provided if any interruption of services caused by the negligence or willful misconduct of Landlord uses reasonable efforts renders the Demised Premises untenantable for a period of five (5) or more consecutive business days and Tenant ceases to cure use the Demised Premises (or the affected portion thereof) on account of such interruption, then, in such event, Tenant shall be entitled to a proportionate abatement of rent (based on the extent to which the Demised Premises is rendered untenantable and Tenant ceases to use the same) until such time as the Demised Premises (or the affected portion thereof) are restored to a tenantable condition.

Appears in 1 contract

Sources: Lease Agreement (Quaker Chemical Corp)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord Lessor shall maintain the Premises and the public and common areas of the Propertybuilding, such as lobbies, stairs, atriumscorridor and restrooms, landscaping, corridors and restrooms in reasonably good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord Lessee. Lessor shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the furnish Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power electricity for lighting and operation of office low power usage of ice machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.heat, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use air-conditioning. Air-conditioning units and electricity there for lighting, heating, ventilating, special air-conditioning and small office machines. Landlord reserves the rightrequirements, if consumption of electricity exceeds that required such as for normal office use as specifiedcomputer centers, to include a charge for such electricity as an addition to the monthly rental with such charge to shall be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s Lessee's expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal Lessor shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom also provide toilet room supplies, exterior window washing with reasonable frequency, and customary janitor service service. Lessor shall not be liable to Lessee for any loss or damage caused by or resulting from any variation, interruption or any failure of said services due to any cause whatsoever unless due to willful or negligent conduct by lessor No temporary interruption or failure of such services incident to the Premises during making of repairs, alterations, or improvements, or, due to accident or strike or conditions or events not under Lessor's control shall be deemed as an eviction of Lessee or relieve Lessee from any of Lessee's obligations hereunder. In the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance event of any lack of attention on the Premises, except as otherwise provided herein. (e) Parking will be provided on part of Lessor and any dissatisfaction with the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior service of the Building building, or any unreasonable annoyance of any kind, Lessee is requested to make complaints at Lessors building office and Property not to include lawn Lessors employees or agents seen within the building. Lessee is further requested to remember that Lessor is as anxious as Lessee that a high grade service be maintained, and shrub carethat the Premises be kept in a state to enable Lessee to transact business with the greatest possible ease and comfort. The rules and regulations are not made to unnecessarily restrict Lessee, snow removal, but to enable Lessor to operate the building to the best advantage of both parties hereto. To this end Lessor shall have the right to waive from time to time such part or parts of these rules and regulations as in his judgment may not be necessary for the proper maintenance or operation of the structure, roof, mechanical and electrical equipment, architectural finish, securitybuilding or consistent with good service, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance make such further reasonable rules and regulations as in his judgment may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator serviceneeded for the safety, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., care and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any cleanliness of the foregoing services when there are disturbances or labor disputes Premises and the building and for the preservation of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionorder therein.

Appears in 1 contract

Sources: Office Lease (Unapix Entertainment Inc)

Services. As long as Tenant is not Use the lists below to indicate the service provider and rate or method of charging if charged by Landlord. Included in default under any of the covenants Rent Charged Separately Outside Vendor Describe rate or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned method if billed by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows:Landlord (a) Air conditioning Tenant shall promptly pay for all utility services when due. Any services furnished by Landlord and heat for normal purposes only, billed to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device shall be paid by ▇▇▇▇▇▇ as additional rent with the conduits or pipes, or other means by which such next payment of monthly rent due after receipt of Landlord's bill. If any services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of provided by Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. then Landlord shall make all reasonable effort efforts to provide the foregoing such services, but in any event, no event shall not Landlord be liable for damages, nor shall the rental herein reserved rent be abated or subject to offset or deduction for temporary failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any characterservices, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an a constructive eviction of Tenant or relieve Tenant from the duty of observing and performing any all of the provisions of this Lease, provided Rental Agreement. Landlord uses shall make all reasonable efforts to cure promptly restore services to the Site. Landlord shall have the right to transfer the responsibility for services shown provided by Landlord and not included in the rent to a municipal or other utility company, and upon notice of such interruptiontransfer, ▇▇▇▇▇▇ agrees to pay the new provider for such service and Landlord shall thereafter not be responsible for the furnishing of any such service. If Tenant fails to pay any charges when due, Tenant shall be in breach of this Rental Agreement. (b) Tenant shall be responsible and pay for connecting and/or disconnecting all utilities from the Home to the utility connection points provided by the Community, including the cost of parts needed for connections. All utility connections shall be done in accordance with all applicable codes and industry standards. Tenant shall maintain an adequate amount of protection in cold weather to prevent damage to the water supply lines and any valves and metering equipment that it may contain. Tenant shall be responsible for any damage resulting from ▇▇▇▇▇▇'s failure to maintain a reasonable amount of protection. (c) Tenant shall comply with all present and future laws and regulations regarding the collection, sorting, separation, and recycling of waste products, garbage, refuse, and trash ("Recycling Laws"). Tenant shall pay any cost which may be imposed upon Tenant directly as a result of the imposition of or change in any Recycling Laws and if such costs are imposed upon Landlord for the benefit of all of the Tenants of the Community, then Tenant shall pay a proportional share of such costs. Tenant shall also pay all costs, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant's failure to comply with Recycling Laws or the provisions of this paragraph. Tenant expressly acknowledges that all the costs in connection with Recycling Laws are not included in the rent. (d) The Site has the electrical service shown in section 1.7. Tenant acknowledges that changes to electrical service amperage or an increase in water riser size, if requested by Tenant in writing, will be performed at Tenant's expense by Landlord only or by a licensed contractor acceptable to Landlord.

Appears in 1 contract

Sources: Residential Rental Agreement

Services. As long as Tenant is not in default under any of Subject to the covenants or provisions of Rules and Regulations attached to this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, agrees to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service furnish to the Premises during janitorial service, elevator service, water and electricity suitable for the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on intended use of the Premises, except as otherwise provided herein. (e) Parking will be provided on and heat and air conditioning during the parking lots on Building Hours of Operation required in Landlord's reasonable judgment for the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior comfortable use and interior occupation of the Premises. In the event Tenant shall require heat and air conditioning before or after Building Hours of Operation, Tenant shall provide notice to Landlord and Property shall pay Landlord the actual increased cost incurred as a result of such after hours use as Operating Expenses. Landlord shall provide a security guard at the Project seven nights a week from 9:00 PM to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) 5:00 AM. Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such provide other hours as Landlord may security systems from time to time reasonably determine; after which hour admittance may be gained only under for the Building and/or Project in its sole discretion, provided that the cost of such regulations as may systems does not exceed that of security systems in similar buildings in the vicinity of the Premises. Landlord, from time to time be prescribed by and in Landlord. ’s sole discretion, may alter, remove, replace or discontinue the security services (hother than the security guard) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within at the meaning of this paragraphProject. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damagesfor, nor shall the Tenant be entitled to, any abatement or reduction of rental herein reserved be abated for or other sums due hereunder by reason of Landlord's failure to furnish or any delay in furnishing any of the foregoing services when there are such failure is caused by the acts of Tenant or by any of the following causes beyond the reasonable control of Landlord, including but not limited to accidents, weather, utility outages, breakage, remodeling, improvements, material shortage, shipping and delivery delays, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor cause, similar or dissimilar. It is expressly understood that Landlord shall not be liable under any circumstances for loss or damage, however occurring, incurred in connection with or incidental to the temporary failure to furnish any of such services the foregoing. In addition, it is expressly understood that Landlord shall not be construed liable under any circumstances for consequential, speculative or punitive damages. 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 thereof, including the cost of installation, operation and maintenance, shall be paid by Tenant to Landlord upon demand by Landlord as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionOperating Expenses.

Appears in 1 contract

Sources: Office Lease (Insys Therapeutics, Inc.)

Services. As long as If Tenant is not requests any other utilities or building services in default under addition to those identified above or any of the covenants above utilities or provisions of this Leasebuilding services in frequency, scope, quality or quantity substantially greater than those which Landlord reasonably determines are normally required by other tenants in the Building for general office use, then Landlord shall maintain use commercially reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. In the event Landlord is able to and does furnish such additional utilities or building services, the reasonable and customary costs thereof actually incurred by Landlord shall be borne by Tenant, who shall reimburse Landlord monthly for the same as additional rent at the same time monthly Rental installments and other Rental is due. If any lights, machines or equipment (including but not limited to computers) used by Tenant in the Leased Premises that were not expressly specified by the Plans and Specifications materially affect the temperature otherwise maintained by the Building’s air-conditioning system or generate substantially more heat in the Leased Premises than that which would normally be generated by the lights and business machines typically used by other tenants in the Building or by tenants in comparable office buildings, then Landlord shall have the right to install any machinery or equipment, which Landlord considers reasonably necessary, in order to restore the temperature balance between the Leased Premises and the public and common areas rest of the PropertyBuilding, including equipment which modifies the Building’s air-conditioning system. All reasonable costs actually expended by Landlord to install any such machinery and equipment and any additional costs of operation and maintenance occasioned thereby in excess of the normal costs to provide HVAC to the Leased Premises as lobbies, stairs, atriums, landscaping, corridors and restrooms contemplated in good order and condition except Section 5.01 hereof (which normal costs are an Excess Operating Cost for damage occasioned which Tenant is obligated to pay its Building Percentage) shall be borne by the act of Tenant, its employees, agents or invitees, and who shall reimburse Landlord shall also provide the following services during reasonable and usual business hours for the term same. If Landlord determines that the electricity used by any equipment installed or connected by Tenant exceeds the designed load capacity of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlordthe Building’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus electrical system or device, in or upon or about the Premises which is in any way may increase the amount of such services usually furnished or supplied to tenants in the Buildingincompatible therewith, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, then Landlord reserves shall have the right to charge for make such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord modifications to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants electrical system or other parties. (f) Landlord agrees to maintain the exterior and interior parts of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Leased Premises, or unavailability to require Tenant to make such modifications to the equipment to be installed or connected, as Landlord considers to be reasonably necessary before such equipment may be so installed or connected. The reasonable cost of utilities due to governmental restrictions any such modifications shall be borne by Tenant, who shall reimburse Landlord for the same (or any other conditions beyond portion thereof actually paid by Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption).

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund Xiii L P)

Services. As long 6.1 Sublessee shall be entitled during the Term to receive all services, utilities, repairs and facilities which Landlord is required to provide. Notwithstanding anything to the contrary in this Sublease, Sublessor shall have no liability of any nature whatsoever to Sublessee as Tenant a consequence of the failure or delay on the part of Landlord in performing any or all of its obligations under the Master Lease, unless such failure or delay is caused by Sublessor, and under no circumstances shall Sublessee have any right to require or obtain the performance by Sublessor of any obligations of Landlord under the Master Lease or otherwise. Sublessee shall have the same rights as Sublessor under the Master Lease with respect to Landlord's provision of services and Sublessor's remedies if same are interrupted or suspended. Sublessee's obligations under this Sublease shall not be impaired, nor shall the performance thereof be excused, because of any failure or delay on the part of Landlord in performing its obligations under the Master Lease except to the extent, and only to such extent, that Sublessor's obligations under the Master Lease are excused as a result of such failure or delay on the part of Landlord. 6.2 If Landlord shall default in any of its obligations to Sublessor with respect to the Premises, Sublessor shall not, except as and to the extent hereinafter set forth, be obligated to bring any action or proceeding or to take any steps to enforce Sublessor's rights against Landlord. Sublessor shall cooperate, at no cost to Sublessor, in seeking to obtain the performance of Landlord pursuant to the Master Lease and, upon the written request of Sublessee, shall make a demand upon Landlord to fulfill its obligations with respect to the Premises. If following the making of such demand and the expiration of any applicable grace period granted to Landlord under the Master Lease, Landlord shall fail to perform its obligations under the Master Lease, then Sublessee shall have the right to take such action against Landlord in its own name and, in connection therewith, all of the rights of Sublessor under the Master Lease shall be and they hereby are conferred upon and assigned to Sublessee, and Sublessee shall be subrogated to such rights to the extent that the same shall apply to the Premises. If any such action against Landlord in Sublessee's name is barred by reason of lack of privity, non-assignability or otherwise, then provided Sublessee is not in default under hereunder beyond any of the covenants or provisions of this Leaseapplicable notice and/or grace period, Landlord Sublessor agrees that Sublessee shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves have the right, if consumption of electricity exceeds that required for normal office use as specifiedat its sole cost and expense, to include a charge for bring such electricity as an addition action in Sublessor's name and Sublessor shall execute all documents and take all such actions reasonably requested in connection therewith. In addition, to the monthly rental extent the Master Lease confers "self-help" rights upon Sublessor and there is a reasonable basis for Sublessee to request Sublessor's exercise of such rights, Sublessor shall exercise those rights for the benefit of Sublessee. Any recovery obtained against Landlord in connection with such charge to be based upon Landlord's default under the average cost per unit of electricity for this Building applied Master Lease or any abatement, credit, set-off or offset, to the excess use as determined by extent it relates to an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand obligation of Landlord such excess chargewhich is, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this LeaseSublease, provided Landlord uses reasonable efforts intended to cure benefit Sublessee and/or the Premises, shall be the property of Sublessee and Sublessee shall have the right to any such interruptionabatement, credit, set-off or offset.

Appears in 1 contract

Sources: Sublease Agreement (Mail Com Inc)

Services. As long as Tenant is not in default under any of Lessor shall furnish Lessee while occupying the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as followsLeased Premises: (a) Air Subject to curtailment as required by governmental laws, rules or regulations, central heat and air conditioning in season, at such times as Lessor normally furnishes these services to other tenants in the Building and heat for normal purposes onlyat such temperatures and in such amounts as are considered by Lessor to be standard, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and but such service on Saturday from 8:00 a.m. to 12:00 p.m.afternoons, Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished only upon request of Lessee, who shall bear the entire cost thereof as provided in Exhibit F attached hereto; elevator service; and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach routine maintenance and electric lighting service for all public areas and special service areas of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and Building in the manner that such and to the extent deemed by Lessor to be standard. Lessor will furnish janitor services are customarily furnished in general office buildings in the area. service on a five (d5) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces day week basis at no extra charge. Failure by Lessor to some or all tenants or other parties. (f) Landlord agrees any extent to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidaysfurnish these services, or (iv) close any cessation thereof, resulting from causes beyond the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service control of Lessor shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but not render Lessor liable in any event, shall not be liable respect for damagesdamages to either person or property, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant Lessee, nor work an abatement of rent, nor relieve Lessee from its obligation to fulfill any covenant or relieve Tenant from the duty of observing and performing agreement hereof. Should any of Lessor's equipment or machinery break down, or for any cause cease to function properly, Lessor shall use reasonable diligence during normal business hours to repair same promptly, but Lessee shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. (b) Proper electrical facilities to furnish sufficient power for personal computers, fax machines, desktop computer printers, calculating machines and other machines of similar low electrical consumption, but not including electricity required for electronic data processing equipment which (singly) consumes more than 0.25 kilowatts per hour at a rated capacity or requires a voltage other than 120 volts single phase; provided, however, upon Lessee's written request and at Lessee s sole cost and expense, Lessor can provide 220 volt electric service to the provisions Leased Premises. Lessee shall pay to Lessor, monthly as billed, such charges as may be separately metered or as Lessor's engineer shall reasonably compute for any electrical service usage in excess of this Leasethat stated above. If Lessee uses any heat generating machines, provided Landlord uses reasonable efforts to cure equipment, fixtures or other devices of any nature whatsoever in the Leased Premises which affect the temperature otherwise maintained by the Building standard air conditioning, Lessee shall pay the additional cost necessitated by Lessee's use of such interruptionmachines, equipment, fixtures or other devices, including the cost of installation of any necessary additional air conditioning equipment and the cost of operation and maintenance thereof.

Appears in 1 contract

Sources: Lease Agreement (Virata Corp)

Services. As long Landlord shall furnish electricity to the Premise for lighting and small business machinery use only (e.g., typewriters, word processing equipment, personal computers and other small office equipment) and heating, ventilation and air conditioning services to the Premises during regular business hours, Monday through Friday (except for recognized holidays) as Tenant is not required in default under any Landlord’s judgment for the comfortable use and occupancy of the covenants or provisions of this LeasePremises. In addition, Landlord shall maintain also agrees to provide janitorial service and trash removal from the Premises Premises, elevator service, restroom supplies, and water and sanitary sewer for toilet, lavatory facilities and public drinking fountains within the public and common areas of the PropertyBuilding. Tenant shall not, such as lobbieswithout Landlord’s prior written consent, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlyuse any equipment or machinery in the Premises which, to provide in Landlord’s judgmentopinion, comfortable occupancy Monday through Friday from 8:00 a.m. will overload the wiring installations of the electrical distribution system for the Premises or the Building or interfere with the reasonable use thereof by other tenants of the Building or (b) connect any additional items to 6:00 p.m. and Saturday from 8:00 a.m. the electrical distribution system for the Premises or the Building or make any alteration or addition to 12:00 p.m., Sundays and holidays exceptedsuch system. Tenant agrees not to use any apparatus or deviceIf, in or upon or about the opinion of Landlord’s electrical consultant, Tenant’s use of machinery and equipment in the Premises which results in any way may increase the amount consumption of such services more electric current than is usually furnished or supplied (without additional charge) to other tenants in the Building or affects the temperature in the Premises or in any other portion of the Building, and Tenant further agrees not then Landlord shall have the right, at its option, to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, install (i) separate electrical meters for the purpose of using additional or unusual amounts of Premises to measure such servicesexcessive electrical current use and/or (ii) supplemental air conditioning systems in the Premises. In the event separate electrical meters and/or supplemental air conditioning systems are installed by Landlord, without written consent then all costs incurred by Landlord in installing, operating, maintaining and repairing the same, including utility usage fees and the fees and expenses of Landlord. Should Tenant use such services under this provision to excess’s electrical consultant, Landlord reserves the right to charge for such services. The charge shall be payable as additional rentalby Tenant to Landlord on demand. Should Tenant refuse to make payment upon demand If separate metering or the installation of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, supplemental air conditioning and heating as may be required for comfortable occupancy is not undertaken, then the costs of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.such excessive electrical current uses, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s optionelectrical consultant, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraphdue and payable by Tenant to Landlord on demand. Landlord shall make have no obligation to install any additional supplemental air conditioning in the Premises. Landlord shall not be in default hereunder or liable for the quality, interruption, cessation or any failure to provide any of the above services nor for any injury or damage to person (including death) or property (including consequential damages and loss of profits) caused by or resulting therefrom. To the extent Tenant desires electrical service or heating, ventilating and air conditioning services for the Premises at times other than the normal business hours specified above, Landlord will use reasonable effort efforts to provide the foregoing services, but in any event, same to Tenant provided that Tenant shall pay all costs incurred by Landlord as a result thereof (as such cost may be established by Landlord’s electrical consultant). Landlord shall not be liable for damagesdamages by abatement of rent, nor shall the rental herein reserved be abated or otherwise, for failure to furnish or any delay in furnishing any of the foregoing heat, air conditioning, electric current, janitor service or water or other services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary such failure to furnish or delay in furnishing is occasioned by Tenant. Tenant expressly waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the right to withhold the payment of such services be construed rent, the right to make repairs at Landlord’s expense or terminate this Lease as an eviction a result of Tenant Landlord’s failure to keep the Building or relieve Tenant from the duty of observing Premises in good order, condition and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionrepair.

Appears in 1 contract

Sources: Office Lease Agreement (Computer Software Innovations, Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as followsagrees that it shall: (a) Air conditioning and heat for normal purposes only, Provide passenger elevator service to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. the Demised Premises during all days with one (1) elevator subject to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptedcall at all other times. Tenant agrees not and its employees and agents shall have access to use any apparatus or devicethe Demised Premises at all times, subject to compliance with such security measures as shall be in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in effect for the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach.; (b) Electric power Provide water for lighting drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord; and (c) Furnish the Demised Premises with electric for heating, hot and chilled water and air-conditioning. Tenant shall not install or operate in the Demised Premises any electrically operated equipment or other machinery, other than typewriters, adding machine and other machinery and equipment normally used in modern offices, or any plumbing fixtures, without first obtaining the prior written consent of the Landlord. Landlord may condition such consent upon the payment by Tenant of additional rent as compensation for the additional consumption of water and/or electricity occasioned by the operation of office machinessaid equipment, air conditioning and heating as may fixtures, or machinery. Tenant, at Tenant's sole expense, shall be required responsible for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.installation, maintenance, and Saturday from 8:00 a.m. use of any equipment or any kind or nature whatsoever which would or might necessitate any changes, replacements, or additions to 12:00 p.m.the water system, Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lightingplumbing system, heating, ventilatingheating system, air-conditioning and small office machines. Landlord reserves system, or the right, if consumption electrical system servicing the Demised Premises or any other portion of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon Building without the average cost per unit prior written consent of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner event such consent is granted, such replacement, changes or additions shall be paid for by Tenant. It is understood that such janitor Landlord does not warrant that any of the services are customarily furnished referred to in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking this Section 6 will be provided on free from interruption from causes beyond the parking lots on reasonable control of Landlord. No interruption of service shall ever be deemed an eviction or disturbance of Tenant's use and possession of the Property on an unallocated basisDemised Premises or any part thereof or render Landlord liable to Tenant for damages by abatement or rent or otherwise relieve Tenant from performance of Tenant's obligations under this Lease, unless Landlord, after reasonable notice, shall willfully and without cause fail or refuse to take action within its discretion assigns reserved spaces to some or all tenants or other partiescontrol. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement (Exe Technologies Inc)

Services. As long as Landlord shall furnish Tenant is not in default under any during Tenant’s occupancy of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable services: (i) Cleaning and usual business hours Janitorial Services (defined in Exhibit B), (ii) hot and cold domestic water at those points of supply provided for the term general use of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to other tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, (iii) electricity for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lightinguses subject to Section 12, heating, ventilating, air-conditioning (iv) elevator service at the times and small office machines. Landlord reserves the right, if consumption of electricity exceeds that frequency reasonably required for normal office business use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, (v) lamp and ballast replacement for standard 2’x2’ and 2’x4’ fluorescent light fixtures, (vi) heating, ventilating and air conditioning service between 7:00 o'clock a.m. and 6:00 o'clock p.m. on Monday through Friday and between 8:00 o'clock a.m. and 12:00 o'clock p.m. on Saturday (“Building Standard Hours”), except as otherwise provided herein. on New Year's Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, Christmas Day and other holidays observed by a majority of the tenants (e) Parking will be provided “Holidays”). If any Holiday falls on a weekend, the Building may observe the Holiday on the parking lots preceding Friday or the succeeding Monday. Tenant may periodically request, and Landlord shall furnish heating, ventilating and air conditioning service on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces days and at times other than those referred to some or all tenants or other parties. in clause (fvi) Landlord above provided Tenant requests such service in writing a reasonable time in advance and agrees to maintain reimburse Landlord for this service at the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere then existing rate being charged in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damagesany damages directly or indirectly resulting from, nor shall the rental herein reserved any Rent be abated for failure to furnish by reason of, the installation, use or interruption of use of any delay equipment in connection with furnishing any of the foregoing services when there are disturbances or labor disputes of any characterservices, or failure to furnish or delay in furnishing any such service when such failure or delay is caused by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions accident or any other conditions occurrence or condition beyond the reasonable control of Landlord’s control nor shall the temporary . The failure to furnish any of such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of its obligations under this Lease unless such failure substantially handicaps or impedes the provisions normal use of this Leasethe Premises by Tenant and unless within a reasonable time after delivery to Landlord by Tenant of a written notice setting forth a description of the services not so furnished, provided Landlord uses reasonable efforts fails to cure commence curing any such interruptionfailure or thereafter fails to continue the curing thereof with appropriate diligence under the circumstances until cured.

Appears in 1 contract

Sources: Lease Agreement (Hyperdynamics Corp)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, 8.1. Landlord shall maintain the Premises and the public and common areas of the Property, such as Common Areas including any lobbies, stairs, atriums, landscapingelevators, corridors and restrooms restrooms, together with the windows and exterior walls, roofs, foundations and structure itself of the Building and the mechanical, plumbing and electrical equipment servicing the Building, parking deck and parking lot, in good order and condition as reasonably determined by Landlord and the cost shall be included in Expenses, except for damage the repairs due to fire and other casualties (to the extent the cost of such repairs are covered by insurance proceeds) and for the repair of damages occasioned by the act acts or omissions of Tenant, its employees, agents or inviteeswhich Tenant shall pay to Landlord in full. 8.2. Landlord will arrange for the furnishing of heat and electricity (including electricity for air conditioning) to the Demised Premises, and Landlord shall also provide elect either: (i) to charge Tenant for electricity as determined by metering at the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device applicable secondary rates filed by Landlord with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of proper regulating authorities in effect from time to time covering such services, without written consent but not more than the secondary rates which would be charged to Tenant by the public utility company; or (ii) to charge Tenant for electricity based upon engineering surveys of the Demised Premises and the use by Tenant thereof, including, at the option of Landlord, periodic spot check demand and/or consumption metering by Landlord. Should Such charge to Tenant use for electricity shall be payable in monthly installments together with Basic Rental in the amount invoiced to Tenant. In the event that Landlord shall fail to pay to the providing utility any charges for utility services provided to the Development, and as a result thereof that utility provider shall either make a demand upon Tenant to pay the same or threaten to interrupt utility service to the Demised Premises or the Common Areas of the Development, Tenant shall (upon at least ten [101 days prior written notice to Landlord) have the right to pay, within the five day period prior to any threatened shut-off, all utility expenses which the utility provider demands in order to avoid any such services under this provision shut-off (and regardless of whether or not they apply to excessother areas within the Development), those charges directly to the demanding utility provider, and shall have the further right to offset any such payment against the next installment(s) of Basic Rental and/or Additional Rent falling due hereunder. Engineering surveys shall be performed by independent licensed professional electrical engineering consultants selected by Landlord. From time to time during the Term, Landlord may inspect the Demised Premises in order to evaluate Tenants kilowatt hour electric consumption and demand, and if as a result of such inspection, the amount charged to Tenant shall change because of changes in demand and/or consumption, or in the cost of electricity to Landlord, Landlord shall notify Tenant and commencing with the first day of the next calendar month, Tenant shall pay such revised charge in monthly installments. Notwithstanding anything herein contained to the contrary, Landlord reserves the right to charge terminate the furnishing of electricity at any time upon thirty (30) days notice to Tenant, in which event Tenant shall make application directly to the utility company servicing the Building for Tenant's separate supply of electric current, and Landlord shall permit its wires and conduits to be used for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlordpurposes, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachextent available and capable of being used safely. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease (National Techteam Inc /De/)

Services. As long a. During the Term (as Tenant is not defined below), SmartOnline hereby engages ES Consulting as an independent contractor, and ES Consulting hereby accepts such engagement, to serve as SmartOnline’s “chief executive officer” and to perform those certain duties and tasks ordinarily performed by the chief executive officer of a similarly-sized company in default under any the information technology industry, those tasks described in Exhibit A attached hereto, and such other services as may be agreed upon by each of SmartOnline and ES Consulting from time to time, all in accordance with SmartOnline’s policies and procedures as communicated in writing to ES Consulting (the “Services”). b. ES Consulting hereby agrees the Services shall be performed only by ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, ▇▇. (the “Consultant”). Further, ES Consulting hereby agrees the Consultant shall devote the Consultant’s best efforts to advance SmartOnline’s business and interests, and shall devote such time to the Consultant’s performance of the covenants or provisions Services as ES Consulting believes in good faith is sufficient to perform the Services adequately, which in no event shall equal less than an average of THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION per year, but will not exceed THE CONFIDENTIAL PORTION HAS BEEN SO OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAS BEEN FILED SEPARATELY WITH THE COMMISSION in any specific month unless the Parties otherwise agree in writing. c. During the Term, ES Consulting hereby agrees the Consultant will act reasonably and diligently in performing the Consultant’s assigned duties hereunder. Subject to the terms of this LeaseAgreement, Landlord shall maintain each Party agrees ES Consulting: (i) has the Premises sole and exclusive right to control and direct the public manner and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are suppliedthe Consultant renders the Services, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner provided that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes manner and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces means must produce Services and deliverables of a quality reasonably satisfactory to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekdaySmartOnline; (ii) open may perform the Building duties at 8:00 a.m. and close any time or pursuant to any schedule, provided that the Building at 12:00 p.m. on SaturdayServices are completed within the time periods indicated within the description of the Services, or as otherwise specified by SmartOnline; (iii) close shall have no obligation to follow any particular sequence in performing the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or Services; and; (iv) close has the Building at such other hours as Landlord may from time sole and exclusive right to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time make all decisions relating to time be prescribed by Landlord. (h) Passenger elevator serviceterms and conditions of the Consultant’s employment relationship with ES Consulting, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing servicesincluding, but in any eventnot limited to, decisions regarding hiring, firing, discipline, reassignment, compensation and benefits; and (v) shall not be liable subject to SmartOnline’s policies regarding employee benefits, discipline, compensation or related matters. Notwithstanding the foregoing, the Parties acknowledge and agree that SmartOnline’s general business policies and procedures shall guide Consultant’s actions hereunder. d. Smart Online shall provide ES Consulting and the Consultant with reasonable access to SmartOnline’s networks and workstations, as may be reasonably required in connection with such performance. Except as otherwise required or provided by Smart Online, ES Consulting solely shall be responsible for damagesproviding all equipment and supplies required to undertake the Services. To the extent that the Consultant is required to utilize any software not owned by ES Consulting in performing the Services, nor ES Consulting agrees the Consultant shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing comply with all applicable laws and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionlicenses.

Appears in 1 contract

Sources: Professional Services Agreement (Smart Online Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s optionprovide, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord charged as Common Facilities Charges or Utility Charges as provided herein (except to the rights hereinafter granted extent any utilities are billed directly to Tenant by the utility provider paid for such breach. (c) Lighting replacementdirectly by Tenant), public restroom supplies, window washing in accordance with reasonable frequency, and janitor service standards from time to the Premises during the times and time prevailing in the manner that such janitor services are customarily furnished in general Class A office buildings in the area. (d) Taxes and insurance on the PremisesBoulder, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may Colorado: (i) close hot and cold running water at those points of supply in the Building during Common Facilities and cold running water to the period from: 6:00 p.m. until the following 7:00 a.m. each weekdayDemised Premises; (ii) open the Building at 8:00 a.m. heated or cooled air, electrical current and close the Building at 12:00 p.m. on Saturday, maintenance; (iii) close general use of passenger elevators for ingress and egress to the Building all day Sunday, Demised Premises; and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close trash removal service from the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for common dumpsters serving the Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damagesdamages or consequential damages or in any other way in the event of loss, damage, failure, interruption, defect or change in the quantity or character or supply of electricity furnished to the Demised Premises or Building or of any other utility, including, but not limited to, air conditioning, heat or water, and Tenant agrees that such supply may be interrupted in case of emergency, provided Landlord uses reasonable diligence to provide such services; nor shall the rental herein reserved foregoing be abated for failure construed as a constructive eviction of Tenant, or, except as may be otherwise expressly provided herein, excuse Tenant from failing to furnish perform any of its obligations hereunder. Landlord shall use commercially reasonable efforts to provide Tenant as much advance notice as reasonably possible of any interruption and to limit the same to times other than Tenant's regular business hours. Landlord shall only be required to maintain such services as are reasonably possible under the circumstances in the event all or any delay in furnishing any part of such systems, facilities and equipment are destroyed, damaged or impaired until completion of the foregoing necessary repair or replacement. Subject to the provisions of this Section 7.6, Landlord may temporarily discontinue any services when there are disturbances at such times as may be necessary or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities advisable due to governmental restrictions causes beyond the reasonable control of Landlord. No reduction or any other conditions beyond Landlord’s control nor discontinuance of the services described in this Section 7.6 shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve or, except as may be otherwise expressly provided herein, release Tenant from the duty of observing and performing any of the provisions of its obligations under this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease (Pharmion Corp)

Services. (a) As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain furnish the Leased Premises with electricity for office use, including lighting and the public low power usage (110 volt) office machines, water and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and elevator services. Landlord shall also provide the following services during reasonable routine janitorial and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes onlyrefuse removal service on weekdays, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 other than holidays. From 7:00 a.m. to 6:00 p.m. on weekdays, excluding legal holidays ("Normal Business Hours"), Landlord shall furnish the Leased Premises with heat and Saturday from 8:00 a.m. to 12:00 p.m.air conditioning services. If requested by Tenant, Sundays Landlord shall furnish heat and holidays excepted. air conditioning services at times other than Normal Business Hours, and Tenant agrees not to use any apparatus or device, in or upon or about shall pay for the Premises which in any way may increase the amount cost of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means at rates established by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such servicesas Additional Rent. The charge initial rate for after hours heating and air conditioning services is $30.00 per hour, which rate shall be payable as additional rental. Should Tenant refuse increased annually to make payment upon demand of Landlordreflect increases in utility, such excess charge shall constitute a breach of the obligation to pay rent under this Lease administration and shall entitle Landlord to the rights hereinafter granted for such breachother costs related thereto. (b) Electric power If Tenant requires garbage and refuse removal of a different kind or a more intense level than Landlord customarily provides for lighting offices in the Park, or if Tenant's garbage or refuse involves other materials requiring special handling, Tenant shall promptly pay Landlord, as Additional Rent, for the additional costs and operation of office machinesexpenses incurred by Landlord in providing such services and shall comply, air conditioning at its sole cost and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.expense, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge with procedures established for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord. If Tenant's garbage contains medical wastes Tenant shall store and remove such, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s 's sole cost and expense. If , in accordance with the Tenant refuses to pay upon demand requirements of Landlord applicable law and such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours procedures as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlordestablish. (hc) Passenger elevator serviceThe Building standard mechanical system is designed to accommodate heating loads of up to one and two-tenths (1.2) w▇▇▇▇ per square foot generated by lights and three (3) w▇▇▇▇ per square foot generated by equipment, if normally provided for Buildinga maximum of four and two-tenths (4.2) w▇▇▇▇ per square foot. Tenant shall obtain Landlord's prior written consent before installing lights and equipment in the Leased Premises which in the aggregate exceed such amount. Landlord may refuse to grant such consent unless Tenant agrees to pay (1) the costs incurred by Landlord for installation of supplementary air conditioning capacity or electrical systems as necessitated by such equipment or lights and (2) in advance, daily from 7:00 a.m. to 6:00 p.m.on the first day of each month during the Lease term, the amount estimated by Landlord as the excess cost of furnishing electricity for the operation of such equipment or lights above normal Building office levels and Saturday from 8:00 a.m. to 12:00 p.m., Sunday the amount estimated by Landlord as the cost of operation and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning maintenance of this paragraphsupplementary air conditioning units as necessitated by Tenant's use of such equipment or lights. Landlord shall make reasonable effort be entitled to provide install, operate and maintain a monitoring/metering system in the foregoing servicesLeased Premises to measure the added demands on electricity, but in any eventheating, ventilation and air conditioning systems, resulting from such equipment and lights and from Tenant's after-hours requirements. (d) Landlord shall not be liable for damagesany loss, nor shall the rental herein reserved be abated for injury or damage to person or property caused by or resulting from any variation, interruption or failure of services due to any cause whatsoever, including, but not limited to, electrical surges, or from failure to furnish make any repairs or perform any delay in furnishing any maintenance. No temporary interruption or failure of the foregoing such services when there are disturbances or labor disputes of any character, or by inability incident to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs repairs, alterations or improvements to Premises, or unavailability of utilities due to governmental restrictions accident, strike or any other conditions or events beyond Landlord’s 's reasonable control nor shall the temporary failure to furnish any of such services be construed as deemed an eviction of Tenant or to relieve Tenant from the duty of observing and performing any of Tenant's obligations hereunder or to give Tenant a right of action against Landlord for damages; provided, however if the provisions disruption is due to Landlord's negligence and continues for a period in excess of this Leaseforty eight (48) consecutive hours, provided Landlord uses reasonable efforts then rent shall a▇▇▇▇ thereafter to cure the extent of the disruption while such interruptiondisruption continues.

Appears in 1 contract

Sources: Lease Agreement (Tcsi Corp)

Services. As long as Tenant is not in default under any of (a) Throughout the covenants or provisions of this LeaseTerm, Landlord Licensee shall offer the Services to all Tenants. Licensee shall maintain the Premises Facilities so that the Services and the public Facilities (i) shall be the most competitive, up-to-date and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors technically advanced services and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied facilities available to tenants in the Building, New York metropolitan area and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as sufficient to satisfy the technical requirements established from time to time by any Carrier and (ii) shall have the capacity to fulfill the additional rentalneeds of Tenants from time to time. Should Tenant refuse Licensee agrees to make payment upon demand of Landlord, such excess charge shall constitute a breach of adopt new technologies to improve the obligation to pay rent under this Lease Services and shall entitle Landlord to the rights hereinafter granted for such breachFacilities if requested by Licensor if the same are being utilized in comparable office buildings in the New York metropolitan area. (b) Electric power for lighting Licensee shall operate the Facilities and operation render the Services in a manner that will not disrupt, affect or interfere with any other provider of office machinesservices in the Building (including any public utility or Carrier) or any Tenant's use, air conditioning occupancy and heating as may be required for comfortable occupancy enjoyment of its premises or the common areas of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachBuilding. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service The fees charged by Licensee for the Services shall be comparable to the Premises during the times and those charged by other providers of similar services or facilities in the manner that such janitor services are customarily furnished in general office buildings in the New York metropolitan area. (d) Taxes The Services shall be available at all times to Tenants and insurance on Carriers who subscribe thereto, subject to the Premises, except as otherwise provided hereinterms of any direct agreements between Licensee and any such Tenant or Carrier. (e) Parking will be provided on Licensee shall not offer any services other than the parking lots on Services, or install any equipment other than the Property on an unallocated basisFacilities, unless Landlordor discontinue to offer the Services and the Facilities, within its discretion assigns reserved spaces to some or all tenants or other partieswithout the consent of Licensor. (f) Landlord agrees Licensee shall include, as a standard term in each contract which it proposes to maintain execute with a Tenant or a Carrier, a clause stating that (i) in the exterior and interior case of Tenants, any cessation or interruption of the Building Services or any breach of such contract by Licensee shall not constitute a default or constructive eviction by Licensor under the lease between such Tenant and Property Licensor and (ii) such Tenant or Carrier shall hold harmless Licensor, its agents, employees and related persons from any claims such Tenant may have against Licensee pursuant to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Leasesuch contract. (g) Landlord may Within thirty (i30) close days after the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. date of this Agreement, Licensee shall submit to Licensor for its approval copies of contracts which Licensee proposes to execute with any Carrier or Tenant. Licensee shall utilize any such contracts with Carriers or Tenants which have been approved by Licensor and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, shall not materially alter or (iv) close the Building at modify such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord.contracts without Licensor's approval. 6 (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. Licensee shall maintain an emergency repair service at all times in connection with the provision of the Services. Licensee shall respond immediately to 6:00 p.m., any interruption in the Services and Saturday from 8:00 a.m. take all actions reasonably necessary to 12:00 p.m., Sunday restore the Services immediately. (i) Licensee shall provide the Services to Tenants and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning Carriers only. (j) Upon execution of this paragraph. Landlord shall make reasonable effort Agreement, Licensee may, subject to provide the foregoing approval of Licensor, such approval not to be unreasonably withheld, conduct a survey of Tenants to determine customer demand for telecommunication services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: License Agreement (Fibernet Telecom Group Inc\)

Services. As Landlord shall use all reasonable efforts to furnish to Tenant: (i) water at those points of supply provided for general use of tenants of the Building; (ii) heated and refrigerated air conditioning as appropriate, at such temperatures and in such amounts as are required by governmental authority or as Landlord reasonably determines are standard for the Building so long as Tenant is not in default under any such standards are consistent with those of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants comparable office buildings located in the Building, and Tenant further agrees not to connect any apparatus or device with same geographic area as the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. Premises; (biii) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor janitorial service to the Premises during the times on weekdays, other than Holidays, for Building-standard installations and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations window washing as may from time to time be prescribed by Landlord. reasonably required; (hiv) Passenger elevator serviceelevators for ingress and egress to the floor on which the Premises are located, if normally in common with other tenants, provided for Buildingthat Landlord may limit the number of operating elevators during non-Normal Business Hours, daily from 7:00 a.m. to 6:00 p.m.during repairs, and Saturday from 8:00 a.m. to 12:00 p.m.on Holidays; (v) replacement of Building-standard light bulbs and fluorescent tubes, Sunday provided that Landlord’s standard charge for such bulbs and holidays excepted. Automatic elevator service tubes shall be deemed paid by Tenant; and (vi) electrical current for equipment whose electrical energy consumption does not exceed normal office usage. If Tenant desires any of the services specified in Section 7(a)(ii) (elevator services” HVAC Services”) at a time other than Normal Business Hours, then such services shall be supplied to Tenant upon the written request of Tenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, and Tenant shall pay to Landlord the cost of such HVAC Services at the after hours HVAC rate (the “After Hours HVAC Rate”) within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. The After Hours HVAC Rate shall be equal to the meaning costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hours and shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering and maintenance reasonably allocated by Landlord to providing such service. Landlord’s current prevailing After Hours HVAC Rate is $75.00 per hour per floor. Such rate shall be subject to increase during the Term in the event of this paragraph. actual increases in the costs incurred by Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionHVAC Services after Normal Business Hours.

Appears in 1 contract

Sources: Office Lease Agreement (Guidewire Software, Inc.)

Services. As long (a) Landlord shall furnish to the Premises electric current, water, sewer, and natural gas service in the quantities existing in the Premises as Tenant is not in default under any of the covenants Date of Lease, and Tenant shall pay for such utilities in accordance with Landlord’s customary practice with respect thereto (i.e., monthly ▇▇▇▇▇▇▇▇ on an estimated basis with annual reconciliations based upon Tenant’s actual usage). Notwithstanding any provision of the Lease to the contrary, without, in each instance, the prior written approval of Landlord, in Landlord’s prudent business judgment, Tenant shall not make any alterations or provisions additions to the existing electric equipment or systems serving the Premises. Tenant’s use of electric current provided by the existing electric equipment or systems shall at no time exceed the capacity of the existing wiring, feeders and risers providing electric current to the Premises or the Building. In the event Tenant installs its own electricity, water, sewer, and/or natural gas systems with respect to the Premises as part of the Tenant Improvements or subsequent Tenant Alterations (the quantities of which new systems shall not be limited to the quantities of the systems existing in the Premises as of the Date of Lease or the capacities of the existing wiring, feeders and risers providing electric current to the Building), then (i) the cost of such utility services to the Premises shall be paid directly by Tenant to the utility or service provider and Tenant shall have no obligation to pay Landlord for any such utility services to the Premises, (ii) Tenant shall promptly furnish copies of any and all utility bills related to the Premises upon request by Landlord, and (iii) by no later than the Termination Date, Tenant shall assign any utilities services agreement and/or service account with respect to the Premises to Landlord (but Tenant shall retain all liabilities and obligations accruing prior to the Termination Date, and shall defend, indemnify, and hold Landlord harmless against any claims, damages, penalties, interest, fees, and/or costs incurred by Landlord arising out of such Tenant liabilities and obligations, except to the extent caused by the willful act or the active negligence of Landlord or its agents, contractors or employees, which indemnity shall survive the Termination Date of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach). (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement (Amyris Biotechnologies Inc)

Services. As long as Tenant is not in default under any of Subject to the covenants or provisions of this LeaseParagraph 8 and Paragraph 25 hereof, Landlord shall maintain furnish the Premises and the public and common areas of the PropertyPremises, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours and subject to the regulations of the Building with a reasonable amount of water and electricity suitable for the term intended use of this Lease as follows: (a) Air conditioning and heat for normal purposes onlythe Premises, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m.daily janitor service7 except on Saturdays, Sundays and such Building holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday designated by Landlord from 8:00 a.m. time to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptedtime. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, replacement of fluorescent tubes and janitor light bulbs, toilet room supplies, and elevator service to consisting of non-attended automatic elevators or elevators with attendants at the option of Landlord, Such heat and air conditioning ("HVAC") as may be required for the comfortable occupation of the Premises will be provided during regular business hours as designated by Landlord from time to time, which hours shall not be less than from 6:00 A.M. to 7:00 PEM., Monday through Friday7 and Saturdays from 7:30 A.M. to 3:30 P.M, except Building holidays During other hours, Landlord shall provide reasonable heat and air conditioning upon twenty-four (24) hours' notice by Tenant to Landlord, and Tenant, upon presentation of a bill therefor, shall pay to Landlord for such service on an hourly basis at the times and then prevailing rate as established by Landlord and, if such service is not a continuation of that furnished during regular business hours, Tenant shall pay the same hourly rate for a period of two (2) hours preceding the commencement of such service, Furthermore, whenever heat generating machines or equipment are used in the manner Premises which affect the temperature maintained supplementary HVAC and the cost of the installation and maintenance thereof shall be paid by Tenant upon demand and, on a monthly basis upon presentation of a bill therefor, Tenant shall pay to Landlord Landlord's cost of all ▇▇pplementary HVAC so supplied, plus any additional Landlord expenses incurred in keeping account of such supplementary UVAC. Tenant shall not, without Landlord's prior consent, use any equipment that such janitor services are customarily utilizes electric current in excess of 110/208 volts or which will increase the amount of electricity ordinarily furnished in for use of the Premises for general office buildings purposes. If Tenant requires additional electrical power. Tenant shall request Landlord to provide such power, which Landlord may refuse. If additional electrical power is provided, Tenant shall pay on demand the cost of the installation and maintenance of any additional equipment, wiring or ducting required to furnish such additional power and, on a monthly basis upon presentation of a bill therefor, Tenant shall pay to Landlord Landlord's cost of all el▇▇▇▇ical current consumed, plus any Landlord expenses incurred in keeping account of the area. electric current consumed. Tenant shall not be charged for excess electrical consumption except for HVAC during non-business hours until consumption during any month exceeds four (d4) Taxes and insurance on watts per rentable square foot multiplied by the net rentable are▇ ▇▇ the Premises, except which product shall be multiplied by the number of "Service Hours" (as otherwise provided herein. (edefined below) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. relevant month for which such determination is being made (g"Normal Quantities"). Solely for purposes of determining "Normal Quantities", Service Hours shall mean ten (10) Landlord may hours a day, Monday through Friday, four (i4) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. hours on Saturday, (iii) close and no hours on Sunday or Building holidays- Notwithstanding the Building foregoing, Landlord may, at its option, elect to have all day Sundayequipment requiring additional electrical power be separately metered at Tenant's sole cost and expense. Notwithstanding the above. Landlord and Tenant will agree that, at the commencement of this Lease, Tenant's equipment will not exceed standard usage and Landlord will not bill for electrical usage of the original equipment. If Tenant add▇ ▇▇uipment after the commencement of the Lease, and reopen such equipment causes Tenant's electrical use to exceed building standard, Landlord will bill Tenant for the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraphexcess usage. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for ▇▇▇ failure to furnish or any delay in furnishing any of the foregoing services when there are such failure is caused by governmental regulation, moratorium or other governmental action, accidents or conditions beyond the control of Landlord, or by repairs, labor disturbances or labor disputes of any character, whether resulting from or caused by inability to secure electricityacts of Landlord or otherwise; provided, fuelhowever, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish that in any of such services events, Landlord shall make a prompt and diligent effort to cause the resumption of such services. Landlord shall not be construed as an eviction liable under any circumstances for loss of Tenant or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing, nor shall any failure relieve Tenant from the duty to pay the full amount of observing and performing any rent herein reserved, or constitute or be construed as a constructive or other eviction of Tenant. In the event of the provisions default of this LeaseTenant hereunder, provided Landlord uses reasonable efforts shall have the right, at Landlord's option, to cure suspend or discontinue the foregoing services, or any thereof, during the continuance of any such interruption.default, and any such suspension or discontinuance shall not be deemed to be an eviction or ejection of Tenant,

Appears in 1 contract

Sources: Lease (Entertainment Internet Inc)

Services. As long (a) Tenant shall have the right to obtain service from City’s water, sewerage, storm water drainage and electric power facilities to a point determined by the Director and based on the specifications as shown on Exhibit E, entitled “Point of Utility Connections,” but shall acquire no title thereto. Tenant shall have the right to request and receive telephone and communications services and illuminating or industrial gas service, subject to the customary rules and regulations of these utility companies, from the utility companies furnishing such services, whether the companies deliver such services directly through their own conduits or pipes or through conduits or pipes owned by City. ▇▇▇▇▇▇ agrees to pay all charges legally exacted for said utility services. Tenant may alter, relocate, or add to said existing facilities and utilities, provided written approval by City of plans for such alteration or relocation is first obtained. Tenant shall not in default under any cross connect water supplies from sources other than City’s supply pipes. City shall have the right, at all times, without unreasonably or unduly interfering with ▇▇▇▇▇▇’s use of the covenants or provisions of this Lease, Landlord shall maintain Premises to enter upon the Premises and install, construct, maintain, operate and remove water pipes, drainage pipes, electric power supply lines, telephone and communication conduits, sewerage lines for general Airport use. Unless due to the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act fault of Tenant, its employees, agents or invitees, and Landlord the expense of any said operation shall also provide be borne by City. In the following services during reasonable and usual business hours for the term event of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or excavation by City upon or about the Premises which in for any way may increase the amount of such services usually furnished or supplied to tenants in the Buildingsaid purposes, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge said Premises shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord restored to the rights hereinafter granted for such breachimmediately prior condition at City’s expense, unless due to the fault of Tenant. (b) Electric power for lighting and operation Prior to the beginning of office machinesany construction by Tenant, air conditioning and heating Tenant shall locate all existing underground utilities belonging to City or its tenants in order to avoid damage to said utilities. Any damage to existing pavement, underground facilities or other improvements belonging to City caused by Tenant’s operations shall be repaired to the satisfaction of City by Tenant at its expense. Tenant shall promptly backfill any trench made by it on the Premises so as may be required for comfortable occupancy to leave the surface of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.ground thereover, as nearly normal as practical, and Saturday from 8:00 a.m. restore pavement and landscaping to 12:00 p.m., Sundays and holidays exceptedits original condition. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to This shall include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand restoration of Landlord such excess chargelandscaping, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachfencing, gates, roadways, traffic signs, driveways, parking lots, guardrails or any other improvements. (c) Lighting replacementDrains or other facilities provided by Tenant for the purpose of disposing of storm or other waters shall in no case be connected to sanitary sewers. In the event that Tenant’s facilities (either storm or sanitary) are below an elevation that will permit gravity flow into facilities provided by City, public restroom supplies, window washing with reasonable frequency, then Tenant shall provide and janitor service maintain such pumping facilities as may be necessary to deliver storm water or sanitary sewage to the Premises during proper drainage system facilities or sanitary sewers provided by City for the times and in disposal of same. Tenant must provide adequate separations to prevent flow into the manner that such janitor services are customarily furnished in general office buildings in sanitary sewer system of petroleum products or chemicals or any foreign matter. Tenant shall take all reasonable precautions to prevent material going into the area. (d) Taxes and insurance on drainage system which would create interference with the Premisesflow therein, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants which would cause undue hazards or other parties. (f) Landlord agrees to maintain the exterior and interior unlawful contamination of the Building and Property to include lawn and shrub care, snow removal, maintenance waters of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in San Francisco Bay into which the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance drainage flow may be gained only under such regulations as may from time to time be prescribed by Landlorddeposited. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Lease Agreement

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord Lessor shall maintain the Premises and the public and common areas of the PropertyBuilding, such as lobbies, stairs, atriumscorridor and restrooms, landscaping, corridors and restrooms in reasonably good order and condition except for damage occasioned by the act of TenantLessee. Notwithstanding anything to the contrary herein, its employees, agents or inviteesLessor shall perform and construct, and Landlord Lessee shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: have no responsibility to perform or construct, any repair, maintenance or improvements (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use necessitated by the acts or omissions of Lessor or any apparatus or device, in or upon or about the Premises which in any way may increase the amount other occupant of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits their respective agents, employees or pipescontractors, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for which Lessor has a right of reimbursement from others, (c) to the structural portions of the Building, (d) which could be treated as a “capital expenditure” under generally accepted accounting principles, (e) to the heating, ventilating, air conditioning, electrical, water, sewer, and plumbing systems serving the Premises and the Building; provided, however, that Lessee shall obtain a one (1) year warranty on any Tenant Improvements made to such systems, and (f) to any portion of the Building outside of the demising walls of the Premises. Notwithstanding the foregoing, Lessee shall pay for its share of the repairs described in subsections (d) – (f) to the extent such costs are properly included in Operating Services. Lessor shall furnish Premises with electricity for lighting and operation of low power usage office machines, air conditioning laboratory machines, heat, normal office and heating as may be required for comfortable occupancy laboratory air-conditioning, and elevator services, during the ordinary business hours of the Premises between Building. Such hours are 6:00 a.m. – 6:00 p.m. Monday through Friday. Air-conditioning units and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use electricity therefore for lighting, heating, ventilating, special air-conditioning and small office machines. Landlord reserves the rightrequirements, if consumption of electricity exceeds that required such as for normal office use as specifiedinformation technology rooms or those rooms and/or areas requiring air conditioning 24 hours per day, to include a charge for such electricity as an addition to the monthly rental with such charge to seven days per week, shall be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at TenantLessee’s expense. If usage of other utilities exceeds other utilities that are typically consumed for the Tenant refuses to pay upon demand of Landlord Permitted Use, such excess chargeshall be reimbursed by Lessee to Lessor. Lessor shall also provide lighting replacement for Lessor furnished lighting, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom toilet room supplies, window washing with reasonable frequency, and customary janitor service to the Premises during the times and service. Lessor shall provide all services, which are normally provided in the manner that such janitor services are customarily furnished in general similar office buildings in the area. (d) Taxes general area in a first class and insurance on a cost efficient manner. Electricity for lighting and operation of low power usage office machines, laboratory machines, heat, normal office and laboratory air conditioning, and elevator services shall be provided without additional charge between the hours of 7 a.m. to 7 p.m., Monday through Friday and between 7 a.m. to 1 p.m., Saturdays throughout the year except Christmas Day, Thanksgiving, New Year’s Day, Memorial Day, Independence Day and Labor Day. Lessor shall not be liable to Lessee for any loss or damage caused by or resulting from any variation, interruption or any failure of said services due to any cause whatsoever. No temporary interruption or failure of such services incident to the making of repairs, alterations, or improvements, or due to accident or strike or conditions or events not under Lessor’s control shall be deemed as an eviction of Lessee or relieve Lessee from any of Lessee’s obligations hereunder. Notwithstanding anything to the contrary herein, if, due to Lessor’s negligence, the Premises should become not reasonably suitable for Lessee’s use as a consequence of cessation of utilities or other services, interference with access to the Premises, except as otherwise legal restrictions or the presence of any Hazardous Material which does not result from Lessee’s release or emission of such Hazardous Material, and in any of the foregoing cases the interference with Lessee’s use of the Premises persists for fifteen (15) calendar days, then Lessee shall be entitled to an equitable abatement of rent to the extent of the interference with Lessee’s use of the Premises occasioned thereby. If the interference persists for more than ninety (90) calendar days, Lessee shall have the right to terminate this Lease; provided herein. that Lessee has given Lessor at least thirty (e30) Parking will calendar days prior written notice of such termination, which notice may be provided delivered within such ninety (90) day period. In the event of any lack of attention on the parking lots on part of Lessor and any dissatisfaction with the Property on an unallocated basisservice of the Building, unless Landlordor any unreasonable annoyance of any kind, Lessee is requested to make complaints at Lessor’s Building office and not to Lessor’s employees or agents seen within its discretion assigns reserved spaces the Building. Lessee is further requested to some remember that Lessor is as anxious as Lessee that a high grade service be maintained, and that the Premises be kept in a state to enable Lessee to transact business with the greatest possible ease and comfort. The rules and regulations are not made to unnecessarily restrict Lessee, but to enable Lessor to operate the Building to the best advantage of both parties hereto. To this end Lessor shall have the right to waive from time to time such part or all tenants parts of these rules and regulations as in his judgment may not be necessary for the proper maintenance or other parties. (f) Landlord agrees to maintain the exterior and interior operation of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, securityor consistent with good service, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance make such further reasonable rules and regulations as in his judgment may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator serviceneeded for the safety, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., care and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any cleanliness of the foregoing services when there are disturbances or labor disputes Premises and the Building and for the preservation of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionorder therein.

Appears in 1 contract

Sources: Office Lease (Oncothyreon Inc.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of use all reasonable efforts to furnish to Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may : (i) close water at those points of supply provided for general use of tenants of the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekdayBuilding; (ii) open heated and refrigerated air conditioning as appropriate, at such temperatures and in such amounts as are required by governmental authority or as Landlord reasonably determines are standard for the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, Building; (iii) close elevators for ingress and egress to the Building all day Sundayfloor on which the Premises are located, in common with other tenants, provided that Landlord may limit the number of operating elevators during non-business hours, during repairs, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or Holidays; (iv) close the Building at replacement of Building-standard light bulbs and fluorescent tubes, provided that Landlord’s standard charge for such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., bulbs and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service tubes shall be deemed “elevator services” within the meaning of this paragraphpaid by Tenant; and (v) electrical current during Normal Business Hours for equipment whose electrical energy consumption does not exceed normal office usage. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing If Tenant desires any of the foregoing services when there are disturbances or labor disputes specified in Section 7(a)(ii) at a time other than Normal Business Hours, then such services shall be supplied to Tenant upon the written request of any characterTenant delivered to Landlord before 3:00 p.m. on the Business Day preceding such extra usage, or by inability and Tenant shall pay to secure electricity, fuel, supplies, machinery, equipment or labor, or by Landlord the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any actual cost (and not as a profit) of such services within thirty (30) days after Landlord has delivered to Tenant an invoice therefor. The costs incurred by Landlord in providing HVAC service to Tenant at a time other than Normal Business Hours (currently estimated at $50.00 per hour), shall include costs for electricity, water, sewage, water treatment, labor, metering, filtering, and maintenance reasonably allocated by Landlord to providing such service. Any after hours HVAC cost reimbursement shall be construed as an eviction of Tenant or relieve Tenant from credited against the duty of observing and performing any of Operating Costs for the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruptionBuilding.

Appears in 1 contract

Sources: Office Lease Agreement (Markit Ltd.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as followsagrees that it shall: (a) Air conditioning and heat for normal purposes only, Provide passenger elevator service to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. the Demised Premises during all days with one (1) elevator subject to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays exceptedcall at all other times. Tenant agrees not and its employees and agents shall have access to use any apparatus or devicethe Demised Premises at all times, subject to compliance with such security measures as shall be in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in effect for the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power Provide water for lighting drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord; and (c) Furnish the Demised Premises with electric for heating, hot and chilled water and air-conditioning. Tenant shall not install or operate in the Demised Premises any electrically operated equipment or other machinery, other than typewriters, adding machine and other machinery and equipment normally used in modem offices, or any plumbing fixtures, without first obtaining the prior written consent of the Landlord. Landlord may condition such consent upon the payment by Tenant of additional rent as compensation for the additional consumption of water and/or electricity occasioned by the operation of office machinessaid equipment, air conditioning and heating as may fixtures, or machinery. Tenant, at Tenant's sole expense, shall be required responsible for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.installation, maintenance, and Saturday from 8:00 a.m. use of any equipment of any kind or nature whatsoever which would or might necessitate any changes, replacements, or additions to 12:00 p.m.the water system, Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lightingplumbing system, heating, ventilatingheating system, air-conditioning and small office machines. Landlord reserves system, or the right, if consumption electrical system servicing the Demised Premises or any other portion of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon Building without the average cost per unit prior written consent of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner event such consent is granted, such replacement, changes or additions shall be paid for by Tenant. It is understood that such janitor Landlord does not warrant that any of the services are customarily furnished referred to in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking this Section 7 will be provided on free from interruption from causes beyond the parking lots on reasonable control of Landlord. No interruption of service shall ever be deemed an eviction or disturbance of Tenant's use and possession of the Property on an unallocated basisDemised Premises or any part thereof or render Landlord liable to Tenant for damages by abatement or rent or otherwise relieve Tenant from performance of Tenant's obligations under this Lease, unless Landlord, after reasonable notice, shall willfully and without cause fail or refuse to take action within its discretion assigns reserved spaces to some or all tenants or other partiescontrol. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of such services be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.

Appears in 1 contract

Sources: Office Lease (Digital Commerce Corp)

Services. As Landlord will furnish the following services to Tenant: (A) Cleaning services, deemed by Landlord to be normal and usual in a first class office building, on Monday through Friday, except that shampooing and replacement of carpet as required by Tenant shall be Tenant's expense. (B) Automatically operated elevator service,. public stairs, electrical current for lighting, incidentals, and normal office use Including Tenant's computer system described in APPENDIX F ("Tenant's Computer"), and water at those points of supply provided for general use of its Tenants at all times and on all days throughout the year. (C) Heat and air conditioning on Monday through Friday from 7:00 A.M. to 7:00 P.M. except Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day and New Year's Day. Landlord shall also furnish heat and air conditioning at such other times as are not provided for herein, provided Tenant gives written request to Landlord before 2:00 P.M. of the business day preceding the extra usage and if Tenant requires heat and air conditioning during such hours, Tenant shall be billed for such service at the rate then in effect; provided, however, that Landlord shall supply heat and air conditioning service 24 hours per day, 7 days per week, to the room housing Tenant's Computer. No electric current shall be used except that furnished or approved by Landlord, nor shall electric cable or wire be brought into the Leased Premises, except upon the written consent and approval of the Landlord. Tenant shall use only office machines and equipment that operate on the Building's standard electric circuits, but which in on event shall overload the Building's standard electric circuits from which the Tenant obtains electric current. Any consumption of electric current in excess of that considered by Landlord to be used, normal and customary for all Tenants, or which required special circuits or equipment (the installation of which shall be at Tenant expense after approval in writing by the Landlord), shall be paid for by the Tenant as additional rent paid to the Landlord in an amount to be determined by Landlord, based upon Landlord's estimated cost of such excess electric current consumption or based upon the actual cost thereof if such excess electric current consumption is separately metered. Notwithstanding the foregoing, Landlord shall provide, at no additional cost, all electrical power required to operate Tenant's Computer. Such services shall be provided as long as the Tenant is not in default under any of the terms, provisions, covenants or provisions and conditions of this Lease, subject to interruption caused by repairs, renewals, improvements, changes to service, alterations, strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophies, national or local emergencies, acts of God and conditions and caused beyond the control of Landlord, and upon such happening, no claim for damages or abatement of rent for failure to furnish any such services shall be made by the Tenant or allowed by the Landlord. Nothing herein contained shall prohibit Tenant from providing or obtaining for itself such services as are reasonably necessary to remain open for business at the Leased Premises during normal banking hours, so long as Tenant gives notice to Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents lack or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts insufficiency of such services, without written consent of Landlord. Should Tenant use and affords Landlord a reasonable to provide such services under this provision to excess, Landlord reserves the right to charge for such servicesTenant. The charge Tenant shall be payable as additional rental. Should Tenant refuse entitled to make payment upon demand of Landlord, a credit against Base Rents accruing in subsequent months for all costs incurred in providing or obtaining such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, no such credit shall not be liable allowed for damages, nor shall such costs to the rental herein reserved be abated for failure to furnish or any delay in furnishing any of extent that the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any aggregate amount of such services be construed as an eviction of Tenant or relieve Tenant from costs for any calendar month exceed the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure Base Rent payable for such interruptionmonth.

Appears in 1 contract

Sources: Lease Agreement (Community Financial Group Inc)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, Landlord shall maintain the Premises and the public and common areas of the Property, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat Subtenant shall pay upon demand such additional amounts as are necessary to recover additional costs incurred by Sublandlord in performing or providing nonstandard janitorial services, maintenance, security, utilities (as reasonably estimated by Sublandlord if there are no meters or other facilities for normal purposes onlythe precise measurement thereof, provided that, Sublandlord shall provide to Subtenant, promptly after Subtenant’s written request therefor, reasonable information to back up its estimate) or other services or requirements consumed or requested by Subtenant, but nothing herein shall require Sublandlord to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excessmaintenance, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlordsecurity, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachutilities or requirements. (b) Electric power for lighting Notwithstanding anything contained in this Sublease, Subtenant agrees and operation acknowledges that Sublandlord shall have no obligation, responsibility or liability whatsoever to provide or perform any service, repair, alteration or other similar obligation which is the obligation of office machines, air conditioning Landlord to provide or perform pursuant to the provisions and heating as may be required for comfortable occupancy terms of the Premises between Monday Prime Lease, except that Sublandlord covenants to use its commercially reasonable efforts to cause TNS to cause Landlord to perform and Friday from 8:00 a.m. to 6:00 p.m.provide all such service, repair, maintenance, alteration, and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breachother obligations. (c) Lighting replacementSubtenant recognizes that Sublandlord does not control the operation of the Building or the furnishing of utilities and services therein or to the Premises. Accordingly, public restroom suppliesall of the agreements and obligations of Sublandlord under this Sublease, window washing with express or implied, including, without limitation, any agreement or obligations to furnish utilities or services, are expressly dependent upon the performance and observation by the Landlord of its agreements and obligations under the Prime Lease (except that Sublandlord shall use its commercially reasonable frequencyefforts to cause TNS to cause Landlord’s performance as aforesaid). Subtenant hereby releases Sublandlord from the performance or observance of any agreement or obligation of Landlord under the Prime Lease and agrees that if the Landlord or TNS shall default in the performance or observance of any such agreement or obligation under the Prime Lease or the Original Sublease, as applicable, either for the furnishing of utilities or services or otherwise, Sublandlord shall not be liable therefor to Subtenant. Any condition resulting from such default by the Landlord or TNS shall not constitute an eviction, actual or constructive, and janitor service Subtenant shall not be entitled to cancel this Sublease or to otherwise modify, release or alter its obligations hereunder (including without limitation, any abatement of Base Rent, Additional Sublease Rent or other additional rent hereunder, except to the Premises during extent that Sublandlord is entitled to and actually receives an abatement for the times and same in its capacity as subtenant under the manner that such janitor services are customarily furnished in general office buildings in the areaOriginal Sublease). (d) Taxes The parties acknowledge that the terms and insurance on conditions of the Premises, except as otherwise provided herein. (e) Parking will services and amenities to be provided on the parking lots on the Property on an unallocated basisby Landlord (including, unless Landlordbut not limited to, within its discretion assigns reserved spaces to some or all tenants or other parties. (fHVAC service, shuttle service, deli, fitness center and roof top deck) Landlord agrees to maintain the exterior are set forth in Articles 17, 53 and interior 54 of the Building Prime Lease. Sublandlord makes no representation, warranty or guarantee related to the Landlord services and Property amenities; provided that Sublandlord covenants to include lawn use its commercially reasonable efforts to cause TNS to cause Landlord to allow Subtenant and shrub care, snow removal, maintenance of the structure, roof, mechanical its employees to have access to and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any use of such services be construed as an eviction of Tenant or relieve Tenant from and amenities, upon the duty of observing terms and performing any of conditions in the provisions of this Prime Lease, provided Landlord uses reasonable efforts to cure such interruptionin equitable proportion.

Appears in 1 contract

Sources: Sublease (L&F Acquisition Corp.)

Services. As long as Tenant is not in default under any of the covenants or provisions of this Lease, (a) Landlord shall maintain in reasonably good order and repair, subject to normal wear and tear, casualty and condemnation, the Building (excluding the Premises and the public and common areas other portions of the PropertyBuilding leased to other tenants), such as lobbiesincluding, without limitation, public areas, any and all parking levels and landscaped areas, elevators, stairs, atriumscommon corridors, landscapingcommon restrooms, corridors the mechanical, plumbing and restrooms in good order electrical systems and condition except for damage occasioned the structure itself. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the act intentional acts or omissions (other than those involved in the use of the Premises for its intended purposes), negligence or gross negligence of Tenant, or its agents, employees, agents or contractors, invitees, licensees, tenants or assignees, shall be deemed Rental hereunder and shall be reimbursed by Tenant to Landlord upon demand. (b) Landlord shall also provide furnish the following services during reasonable Premises with (1) electricity as provided on Exhibit C-1 hereto, (2) heat and usual business hours air conditioning to the extent reasonably required for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday by Tenant in its use of the Premises during the period from 8:00 a.m. to 6:00 p.m. on weekdays and Saturday from 8:00 a.m. to 12:00 p.m.2:00 p.m. on Saturdays (except New Year's Day, Sundays Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas and such other public holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, hereafter created by governmental authority and Tenant further agrees not to connect any apparatus or device with the conduits or pipesdesignated by Landlord), or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating shorter period as may be required prescribed by any applicable policies or regulations adopted by any utility or governmental agency, (3) elevator service, (4) lighting replacement (for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m.building standard lights), and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to be determined by a submeter to be furnished and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess charge, such refusal shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c5) Lighting replacement, public restroom supplies, (6) window washing with reasonable frequency, and janitor (7) security service to the Premises and cleaning service during the times and in the manner that such janitor services are customarily and generally furnished in general the majority of comparable Class A office buildings in the area. (d) Taxes and insurance on . Tenant shall have access to the PremisesPremises during the term of this Lease twenty-four hours per day, except as otherwise provided herein. (e) Parking will seven days per week. Landlord shall not be provided on in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the parking lots on the Property on an unallocated basisRental be abated by reason of, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during installation, use or interruption of use of any equipment in connection with the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning furnishing of this paragraph. Landlord shall make reasonable effort to provide any of the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for (ii) failure to furnish or any delay in furnishing any of the foregoing such services when there are disturbances such failure or labor disputes delay is caused by accident or any condition beyond the reasonable control of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, Landlord or by the making of necessary repairs or improvements to Premisesthe Premises or to the Building, or unavailability (iii) the limitation, curtailment, rationing or restrictions on use of utilities due to governmental restrictions water, electricity, gas or any other conditions beyond Landlord’s control nor form of energy serving the Premises or the Building. Landlord shall use reasonable efforts diligently to remedy any interruption in the temporary failure to furnish any furnishing of such services be construed as an eviction of services. (c) Whenever heat generating equipment or lighting other than Building standard lights are used in the Premises by Tenant or relieve which affect the temperature otherwise maintained by the air conditioning system, Landlord shall have the right, after notice to Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts Tenant's failure to cure such interruptionproblem within ninety (90) days after such notice, to install supplementary air conditioning facilities in the Premises or otherwise modify the ventilating and air conditioning system serving the Premises, and the reasonable and actual cost of installation, construction, maintenance and repair of such facilities and modifications shall be borne by Tenant. Tenant shall also pay as Rental the reasonable and actual cost of providing all cooling and heating energy to the Premises in excess of that required for normal office use or during hours requested by Tenant when heating and air conditioning is not otherwise furnished by Landlord. If Tenant installs lighting requiring power in excess of that required for normal office use in the Building or if Tenant installs equipment requiring power in excess of that required for the normal desk-top office equipment and normal copying equipment described in subparagraph 5(b) above, Tenant shall pay, as Rental, the cost of such excess power together with the cost of installing any additional risers or other facilities that may be necessary to furnish such excess power to the Premises. Landlord, at its reasonable discretion, shall have the right to install a meter or meters to measure the usage of the excess and supplementary power and air conditioning described herein, and the reasonable and actual cost of the installation of such meter or meters and the repairs and maintenance thereof shall be borne solely by Tenant. In addition, Tenant shall have the right, at its expense, to install a meter to measure the electrical usage of the Premises, and tenant shall pay the cost of such electricity without imposition of any additional management fees by Landlord. (d) The following items on Exhibit G shall apply to the Premises: 1 through 4, 6(d), 6(f), 7, 8, 9(a), 10(a), 10(c), 11, 12, 13, 14(f), 15, 17 and 18.

Appears in 1 contract

Sources: Lease Agreement (Interland Inc /Mn/)

Services. As long Provided no event of default shall have occurred under this Lease, Landlord agrees to provide to Tenant, as Tenant is not in default under any Landlord deems reasonably necessary, the following services: (a) General cleaning and janitorial service required as a result of normal, prudent use of the covenants Premises and completion in accordance with the basic Janitorial Specifications provided in Exhibit "G," performed by a service selected by Landlord, and only on Mondays through Fridays, inclusive, with New Year's Day, ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day (herein collectively called the "Holidays") excepted. Notwithstanding the foregoing, Tenant may take over all responsibility for cleaning Tenant's Premises by giving Landlord not less than sixty (60) days advance notice of such election, in which event (i) Landlord shall not charge Tenant for any janitorial costs as Operating Expenses other than such costs as are incurred to clean and maintain common areas of the Building and the Building structure; and (ii) Landlord shall have no further obligation respecting janitorial service to the Premises; (b) Heating and air-conditioning service daily on Mondays through Fridays, inclusive, with Holidays excepted, from 8:00 A.M. to 7:00 P.M. and on Saturdays, if not a Holiday, from 8:00 A.M. to 1:00 P.M. Landlord reserves the right to prohibit the use of machines and equipment which generate heat in their operation that put excessive demands on Landlord's base building air-conditioning system unless and until arrangements are made by Tenant, acceptable to Landlord, to obtain and install in the Premises at Tenant's cost supplementary air-conditioning equipment, and the cost of operation and maintenance of such equipment shall be paid by Tenant on the Base Rental payment dates at such rates as are established from time to time by Landlord. Notwithstanding the foregoing, if Tenant provides for such supplemental air conditioning at its expense, as aforesaid, in accordance with Landlord's requirements and plans and specifications approved by Landlord, Landlord will not object to Tenant's use of Tenant's computer equipment, other office machinery and computer rooms in the Premises as shown on the drawings and specifications approved by Landlord from time to time in accordance with this Lease, to the extent such equipment, machinery and rooms are adequately serviced, in Landlord's reasonable judgment, by such supplemental air conditioning. Should Tenant desire either heating or provisions air-conditioning at times when such services are not furnished by Landlord under the terms of this Lease, Landlord shall maintain the Premises and the public and common areas of the Propertymay elect, such as lobbies, stairs, atriums, landscaping, corridors and restrooms in good order and condition except for damage occasioned by the act of Tenant, entirely at its employees, agents or invitees, and Landlord shall also provide the following services during reasonable and usual business hours for the term of this Lease as follows: (a) Air conditioning and heat for normal purposes only, to provide in Landlord’s judgment, comfortable occupancy Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Tenant agrees not to use any apparatus or device, in or upon or about the Premises which in any way may increase the amount of such services usually furnished or supplied to tenants in the Building, and Tenant further agrees not to connect any apparatus or device with the conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services, without written consent of Landlord. Should Tenant use such services under this provision to excess, Landlord reserves the right to charge for such services. The charge shall be payable as additional rental. Should Tenant refuse to make payment upon demand of Landlord, such excess charge shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (b) Electric power for lighting and operation of office machines, air conditioning and heating as may be required for comfortable occupancy of the Premises between Monday and Friday from 8:00 a.m. to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sundays and holidays excepted. Electric power furnished by the Landlord is intended to be that consumed in normal office use for lighting, heating, ventilating, air-conditioning and small office machines. Landlord reserves the right, if consumption of electricity exceeds that required for normal office use as specified, to include a charge for such electricity as an addition to the monthly rental with such charge to be based upon the average cost per unit of electricity for this Building applied to the excess use as determined by an independent engineer selected by the Landlord, or at Landlord’s option, to furnish such services as requested by Tenant upon not less than 24 hours notice from Tenant. Such service shall be determined by a submeter to be furnished provided at an hourly charge of FORTY-FIVE and installed at Tenant’s expense. If the Tenant refuses to pay upon demand of Landlord such excess chargeN0/100 DOLLARS ($45.00) per hour per building (i.e., such refusal shall constitute a breach north wing or south wing of the obligation Building) (subject to pay rent under this Lease and shall entitle Landlord to the rights hereinafter granted for such breach. (c) Lighting replacement, public restroom supplies, window washing with reasonable frequency, and janitor service to the Premises during the times and in the manner that such janitor services are customarily furnished in general office buildings in the area. (d) Taxes and insurance on the Premises, except as otherwise provided herein. (e) Parking will be provided on the parking lots on the Property on an unallocated basis, unless Landlord, within its discretion assigns reserved spaces to some or all tenants or other parties. (f) Landlord agrees to maintain the exterior and interior of the Building and Property to include lawn and shrub care, snow removal, maintenance of the structure, roof, mechanical and electrical equipment, architectural finish, security, and so on, excluding only those items specifically excepted elsewhere in the Lease. (g) Landlord may (i) close the Building during the period from: 6:00 p.m. until the following 7:00 a.m. each weekday; (ii) open the Building at 8:00 a.m. and close the Building at 12:00 p.m. on Saturday, (iii) close the Building all day Sunday, and reopen the following Monday morning at 7:00 am, (iii) close the Building all holidays, or (iv) close the Building at such other hours as Landlord may increase from time to time reasonably determine; after which hour admittance may be gained only under such regulations as may from time to time be prescribed by Landlord. (h) Passenger elevator service, if normally provided for Building, daily from 7:00 a.m. reflect actual increases in the cost to 6:00 p.m., and Saturday from 8:00 a.m. to 12:00 p.m., Sunday and holidays excepted. Automatic elevator service shall be deemed “elevator services” within the meaning landlord of this paragraph. Landlord shall make reasonable effort to provide the foregoing services, but in any event, shall not be liable for damages, nor shall the rental herein reserved be abated for failure to furnish or any delay in furnishing any of the foregoing services when there are disturbances or labor disputes of any character, or by inability to secure electricity, fuel, supplies, machinery, equipment or labor, or by the making of necessary repairs or improvements to Premises, or unavailability of utilities due to governmental restrictions or any other conditions beyond Landlord’s control nor shall the temporary failure to furnish any of providing such services be construed as an eviction of to Tenant), which charges Tenant or relieve Tenant from the duty of observing and performing any of the provisions of this Lease, provided Landlord uses reasonable efforts to cure such interruption.shall promptly pay upon invoice from

Appears in 1 contract

Sources: Office Lease (Earthlink Inc)