Common use of UTILITIES AND SERVICE Clause in Contracts

UTILITIES AND SERVICE. 6.1 The Landlord agrees, at its cost and expense, subject to payment of pro rata escalations to be paid by Tenant as hereinafter provided in Article 26, to furnish to the Tenant the Building services as hereinafter provided: (1) Landlord shall supply the services as in this Lease provided during the work week. The work week is hereby defined to be that period from 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, and 9:00 A.M. to 1:00 P.M. on Saturdays. The work week shall not include Sundays and the holidays excepted as set forth on Schedule "E". (2) The Building services to be furnished to the Leased Premises and the common core areas of the Building and improvements include water for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, elevator service (self-service), and all other common Building services, including electrical service for Building operation of the common areas in order to operate the Building as a first-class office Building, which shall include the items referred to on Schedule "D" hereinafter provided. Excepted from the foregoing is the cost of Tenant's electrical service for lighting and office equipment, machinery and fixtures, which electrical service shall be paid for by Tenant at Tenant's cost and expense an hereinafter provided. (3) Landlord shall furnish janitorial service Monday through Friday only, with a description of janitorial services to be supplied attached hereto as Schedule "C". Tenant shall reimburse to Landlord the cost of removal from the Leased Premises of any refuse and rubbish of Tenant in excess of normal waste. Tenant shall pay such additional charge within ten (10) days of written demand. 6.2 Landlord shall furnish to Tenant electrical service for operation of lighting and non-high-energy fixtures and equipment in the nature of electric typewriters, personal computers, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energy. Tenant shall pay to Landlord monthly its pro rata share of such electrical service for Tenant's electric, which said sum shall be in arrears with the following month's rent to be paid in accordance with Article 3 based on monthly statements to be rendered by Landlord to Tenant. In the event there is any dispute as to Tenant's electric charge, such dispute shall be determined by an independent electrical rating service, payment for whose services shall be the sole obligation of the Tenant. Such independent electrical rating service shall establish the cost of electrical service to all of the offices in the Building in connection with the electrical services hereinabove referred to. Landlord shall, at Tenant's request, furnish to Tenant a written breakdown of the basis upon which Tenant's pro rata electrical cost charges are based and computed. 6.3 Tenant's use of electrical energy in the Leased Premises for high-energy machinery or equipment is expressly subject to Tenant obtaining from Landlord written consent to the installation of such machinery in the nature of mainframe computers, duplicating machinery in excess of normal office-type photocopying equipment and the like, in order to insure that the electrical capacity of the Building is not exceeded, and to avert possible adverse effect upon the Building electric service. Tenant agrees that in addition to the above it will not permit any additional electrical risers or service connections to be installed without the express written consent of the Landlord with respect thereto. Subject to the foregoing, in the event of any permitted installation of high-energy using electrical machinery or fixtures, Tenant shall pay to the Landlord the full cost of such additional electric service, which shall be based on the determination of an independent electrical rating service of the annual cost attributable to such use. Said sum shall be paid monthly by Tenant to Landlord upon establishment of the amount thereof in the same manner as hereinabove provided in Article 6.2, subject to adjustment and increase or decrease in electrical energy charges as may be applicable from time to time. 6.4 If Tenant uses the Leased Premises beyond the regular work week, the Tenant shall be responsible for the cost of heating, ventilating and air- conditioning services actually furnished at the rate of $50.00 per hour, exclusive of Tenant's electric. Tenant agrees that it will cooperate with Landlord in metering Tenants use in accordance with any energy or other use measuring systems which Landlord may install in the Leased Premises. Notwithstanding the above, it is understood and agreed that the foregoing hourly charge shall not be imposed upon Tenant in connection with the first twenty five (25) hours of overtime HVAC usage during each year of the lease term. 6.5 Landlord shall not be liable for full or partial interruption of any of the above services or utilities from conditions beyond Landlord's control, but Landlord shall use due diligence to restore the services and utilities. The rent shall not ▇▇▇▇▇, in whole or in part, during any such interruption.

Appears in 1 contract

Sources: Lease Agreement (Boron Lepore & Associates Inc)

UTILITIES AND SERVICE. 6.1 The Landlord agreesrepresents and warrants that the Premises are currently separately metered for all utilities. Tenant shall be responsible for and shall pay promptly, at its cost directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and expenseall other utilities, subject materials and services furnished directly to payment of pro rata escalations to be paid Tenant or the Premises or used exclusively by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter provided defined, which shall be in Article 26, to furnish addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Building services as hereinafter provided: (1Premises. If the HVAC unit(s) Landlord servicing the Premises also serve other leased premises in the Building, “after hours” shall supply the services as in this Lease provided during the work week. The work week is hereby defined to be that period from 8:00 mean usage of said unit(s) before 6:00 A.M. to 6:00 or after 9:00 P.M. on Mondays through Fridays, and before 9:00 A.M. to or after 5:00 P.M. on Saturdays, and before 9:00 A.M. or after 1:00 P.M. on Saturdays. The work week shall not include Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. If the holidays excepted as set forth on Schedule "E". (2HVAC unit(s) The Building services to serve only the Premises, “after hours” shall mean more than 87 hours of usage during any week during the Term. “After hours” usage shall be furnished to determined based upon the Leased Premises and the common core areas of the Building and improvements include water for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, elevator service (self-service), and all other common Building services, including electrical service for Building operation of the common areas in order to operate the Building as a first-class office Building, which shall include the items referred to on Schedule "D" hereinafter provided. Excepted from applicable HVAC unit during each of the foregoing is the cost of Tenant's electrical service for lighting and office equipment, machinery and fixtures, which electrical service shall be paid for by Tenant at Tenant's cost and expense an hereinafter provided. (3) Landlord shall furnish janitorial service Monday through Friday only, with periods on a description of janitorial services to be supplied attached hereto as Schedule "C". Tenant shall reimburse to Landlord the cost of removal from the Leased Premises of any refuse and rubbish of Tenant in excess of normal waste. Tenant shall pay such additional charge within ten (10) days of written demand. 6.2 Landlord shall furnish to Tenant electrical service for operation of lighting and non-high-energy fixtures and equipment in the nature of electric typewriterscumulative” basis (that is, personal computers, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energy. Tenant shall pay to Landlord monthly its pro rata share of such electrical service for Tenant's electric, which said sum shall be in arrears with the following month's rent to be paid in accordance with Article 3 based on monthly statements to be rendered by Landlord without regard to Tenant. In ’s usage or nonusage of other unit(s) serving the event there is any dispute as to Tenant's electric chargePremises, such dispute shall be determined by an independent electrical rating service, payment for whose services shall be the sole obligation or of the Tenant. Such independent electrical rating service shall establish the cost of electrical service to all applicable unit during other periods of the offices in the Building in connection with the electrical services hereinabove referred toTerm). Landlord shallAs used herein, at Tenant's request, furnish to Tenant a written breakdown of the basis upon which Tenant's pro rata electrical cost charges are based and computed. 6.3 Tenant's use of electrical energy in the Leased Premises for high-energy machinery or equipment is expressly subject to Tenant obtaining from Landlord written consent to the installation of such machinery in the nature of mainframe computers, duplicating machinery in excess of normal office-type photocopying equipment and the like, in order to insure that the electrical capacity of the Building is not exceeded, and to avert possible adverse effect upon the Building electric service. Tenant agrees that in addition to the above it will not permit any additional electrical risers or service connections to be installed without the express written consent of the Landlord with respect thereto. Subject to the foregoing, in the event of any permitted installation of high-energy using electrical machinery or fixtures, Tenant shall pay to the Landlord the full cost of such additional electric service, which shall be based on the determination of an independent electrical rating service of the annual cost attributable to such use. Said sum shall be paid monthly by Tenant to Landlord upon establishment of the amount thereof in the same manner as hereinabove provided in Article 6.2, subject to adjustment and increase or decrease in electrical energy charges as may be applicable from time to time. 6.4 If Tenant uses the Leased Premises beyond the regular work week, the Tenant shall be responsible for the cost of heating, ventilating and air- conditioning services actually furnished at the rate of $50.00 per hour, exclusive of Tenant's electric. Tenant agrees that it will cooperate with Landlord in metering Tenants use in accordance with any energy or other use measuring systems which Landlord may install in the Leased Premises. Notwithstanding the above, it is understood and agreed that the foregoing hourly charge shall not be imposed upon Tenant in connection with the first twenty five (25) hours of overtime HVAC usage during each year of the lease term. 6.5 Landlord shall not be liable for full or partial interruption of any of the above services or utilities from conditions beyond Landlord's control, but Landlord shall use due diligence to restore the services and utilities. The rent shall not ▇▇▇▇▇, in whole or in part, during any such interruption.

Appears in 1 contract

Sources: Lease (BioNano Genomics, Inc)

UTILITIES AND SERVICE. 6.1 7.01. Landlord shall furnish hot and cold water in the public lavatories located on the floor(s) on which the Demised Premises are located, and shall furnish separately metered hot and cold water to the Demised Premises if the Demised Premises include plumbing fixtures. The installation of the meter shall be at Landlord’s expense. 7.02. Landlord agreesshall furnish heat and cooling to the Demised Premises through a separate HVAC system which, at its cost and expenseprior to installation, shall be subject to payment reasonable review by Tenant’s engineers. Tenant’s consumption of pro rata escalations heat shall be measured by submeter and calculated by applying to Tenant’s consumption 100% of the public utility rate schedule then applicable to Landlord for purchase of gas for the Building. Bills for heat shall be rendered at such times as Landlord may elect, and such invoices shall be paid by Tenant as hereinafter provided in Article 26, to furnish to the Tenant the Building services as hereinafter provided: (1) Landlord shall supply the services as in this Lease provided during the work week. The work week is hereby defined to be that period from 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, and 9:00 A.M. to 1:00 P.M. on Saturdays. The work week shall not include Sundays and the holidays excepted as set forth on Schedule "E". (2) The Building services to be furnished to the Leased Premises and the common core areas of the Building and improvements include water for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, elevator service (self-service), and all other common Building services, including electrical service for Building operation of the common areas in order to operate the Building as a first-class office Building, which shall include the items referred to on Schedule "D" hereinafter provided. Excepted from the foregoing is the cost of Tenant's electrical service for lighting and office equipment, machinery and fixtures, which electrical service shall be paid for by Tenant at Tenant's cost and expense an hereinafter provided. (3) Landlord shall furnish janitorial service Monday through Friday only, with a description of janitorial services to be supplied attached hereto as Schedule "C". Tenant shall reimburse to Landlord the cost of removal from the Leased Premises of any refuse and rubbish of Tenant in excess of normal waste. Tenant shall pay such additional charge Additional Rent within ten (10) business days of written demandTenant’s receipt thereof. Tenant’s consumption of electricity for air conditioning shall be measured and payable as set forth in Section 5.01. 6.2 7.03. Landlord shall furnish to Tenant electrical automatic, non-attended elevator service for operation of lighting and non-high-energy fixtures and equipment the Demised Premises in common with other tenants in the nature of electric typewritersBuilding. 7.04. Landlord shall furnish electrical energy to the Demised Premises for ordinary small office machines, personal computersPC’s, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energylighting fixtures for use during typical business hours, a microwave, refrigerator and coffee machines. Tenant shall pay to Landlord monthly its pro rata share of such electrical service for Tenant's electric, which said sum shall be in arrears with not connect any machines that exceed the following month's rent to be paid in accordance with Article 3 based on monthly statements to be rendered by Landlord to Tenant. In the event there is any dispute as to Tenant's electric charge, such dispute shall be determined by an independent electrical rating service, payment for whose services shall be the sole obligation capacity of the Tenant. Such independent electrical rating service shall establish system serving the cost of electrical service to all of the offices in the Building in connection with the electrical services hereinabove referred to. Landlord shall, at Tenant's request, furnish to Tenant a written breakdown of the basis upon which Tenant's pro rata electrical cost charges are based and computed. 6.3 Tenant's use of electrical energy in the Leased Demised Premises for high-energy machinery or equipment is expressly subject to Tenant obtaining from Landlord written consent to the installation of such machinery in the nature of mainframe computers, duplicating machinery dissipate heat in excess of normal office-type photocopying equipment that for which the HVAC system is designed, and the like, in order to insure agrees that the electrical capacity connected load in the Demised Premises shall not in the aggregate exceed 5 ▇▇▇▇▇ at 120 volts single phase per rentable square foot, exclusive of air conditioning, except with the Building is not exceeded, and to avert possible adverse effect upon the Building electric service. Tenant agrees that in addition to the above it will not permit any additional electrical risers or service connections to be installed without the express prior written consent of the Landlord with respect thereto. Subject to the foregoing, in the event of any permitted installation of high-energy using electrical machinery or fixtures, Tenant shall pay to the Landlord the full cost of such additional electric service, which shall be based on the determination of an independent electrical rating service of the annual cost attributable to such use. Said sum shall be paid monthly by Tenant to Landlord upon establishment of the amount thereof in the same manner as hereinabove provided in Article 6.2, subject to adjustment and increase or decrease in electrical energy charges as may be applicable from time to timeLandlord. 6.4 If Tenant uses the Leased Premises beyond the regular work week, the Tenant shall be responsible for the cost of heating, ventilating and air- conditioning services actually furnished at the rate of $50.00 per hour, exclusive of Tenant's electric7.05. Tenant agrees that it will cooperate with Landlord in metering Tenants use in accordance with any energy or other use measuring systems which Landlord may install in the Leased Premises. Notwithstanding the above, it It is understood and agreed that if any services to be provided by Landlord are interrupted by reason of accident, construction or any other reason (other than the foregoing hourly charge intentional misconduct or negligence of Landlord), such interruption shall not be imposed upon Tenant in connection with the first twenty five (25) hours of overtime HVAC usage during each year of the lease term. 6.5 deemed a constructive eviction, Landlord shall not be liable for full or partial interruption in damages to Tenant, and Tenant shall not be entitled to an abatement of any of the above services or utilities from conditions beyond Landlord's controlRent. However, but Landlord shall use due diligence reasonable efforts to promptly and diligently restore service and take all steps reasonably necessary to minimize the deprivation of services and utilities. The rent shall not ▇▇▇▇▇, in whole or in part, during any such interruptionto Tenant.

Appears in 1 contract

Sources: Lease Agreement (Competitive Technologies Inc)

UTILITIES AND SERVICE. 6.1 The Landlord agrees, at its cost and expense, subject to payment of pro rata escalations to be paid by Tenant as hereinafter provided in Article 26, to furnish to the Tenant the Building services as hereinafter provided: (1) Landlord shall supply the services as in this Lease provided during the work week. The work week is hereby defined to be that period from 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, and 9:00 A.M. to 1:00 P.M. on Saturdays. The work week shall not include Sundays and the holidays excepted as set forth on Schedule "E". (2) The Building services to be furnished to the Leased Premises and the common core areas of the Building and improvements include water for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, elevator service (self-service), and all other common Building services, including electrical service for Building operation of the common areas in order to operate the Building as a first-class office Building, which shall include the items referred to on Schedule "D" hereinafter provided. Excepted from the foregoing is the cost of Tenant's electrical service for lighting and office equipment, machinery and fixtures, which electrical service shall be paid for by Tenant at Tenant's cost and expense an hereinafter provided. (3) Landlord shall furnish janitorial service Monday through Friday only, with a description of janitorial services to be supplied attached hereto as Schedule "C". Tenant shall reimburse to Landlord the cost of removal from the Leased Premises of any refuse and rubbish of Tenant in excess of normal waste. Tenant shall pay such additional charge within ten (10) days of written demand. 6.2 7.01 Landlord shall furnish to the Demised Premises cooled or conditioned air and heating in such a manner as to substantially maintain in the Demised Premises a temperature of 78 degrees F.D.B. at fifty percent (50%) relative humidity during the cooling season and a temperature of 72 degrees F.D.B. during the heating season, between the hours of 8:00 AM and 6:00 PM daily and 8:00 AM and 1:00 PM on Saturdays. No such service shall be provided on Sundays and Legal Holidays. In order to maintain the above temperatures, Tenant electrical agrees that all windows in the Demised Premises be kept closed. If required by Tenant, additional heating and air conditioning service may be furnished by Landlord at an additional cost to Tenant and at Landlord's sole discretion. 7.02 Landlord shall furnish automatic, non-attended elevator service for operation of lighting and non-high-energy fixtures and equipment the Demised Premises in common with other tenants in the nature of electric typewritersBuilding 24 hours a day, 7 days a week. 7.03 Landlord shall furnish electrical energy to the Demised Premises for ordinary small office machines, personal computers, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energyand lighting fixtures for use during typical business hours. Tenant shall pay to Landlord monthly its pro rata share of such electrical service for Tenant's electric, which said sum shall be in arrears with not connect any machines that exceed the following month's rent to be paid in accordance with Article 3 based on monthly statements to be rendered by Landlord to Tenant. In the event there is any dispute as to Tenant's electric charge, such dispute shall be determined by an independent electrical rating service, payment for whose services shall be the sole obligation capacity of the Tenant. Such independent electrical rating service shall establish system serving the cost of electrical service to all of the offices in the Building in connection with the electrical services hereinabove referred to. Landlord shall, at Tenant's request, furnish to Tenant a written breakdown of the basis upon which Tenant's pro rata electrical cost charges are based and computed. 6.3 Tenant's use of electrical energy in the Leased Demised Premises for high-energy machinery or equipment is expressly subject to Tenant obtaining from Landlord written consent to the installation of such machinery in the nature of mainframe computers, duplicating machinery dissipate heat in excess of normal office-type photocopying equipment that for which the HVAC system is designed, and the like, in order to insure agrees that the electrical capacity of connected load in the Building is Demised Premises shall not exceededin aggregate exceed 3.5 ▇▇▇▇▇ at 120 volts single phase per rentable square foot, and to avert possible adverse effect upon except with the Building electric service. Tenant agrees that in addition to the above it will not permit any additional electrical risers or service connections to be installed without the express prior written consent of the Landlord with respect thereto. Subject to the foregoing, in the event of any permitted installation of high-energy using electrical machinery or fixtures, Tenant shall pay to the Landlord the full cost of such additional electric service, which shall be based on the determination of an independent electrical rating service of the annual cost attributable to such use. Said sum shall be paid monthly by Tenant to Landlord upon establishment of the amount thereof in the same manner as hereinabove provided in Article 6.2, subject to adjustment and increase or decrease in electrical energy charges as may be applicable from time to timeLandlord. 6.4 If Tenant uses the Leased Premises beyond the regular work week, the Tenant shall be responsible for the cost of heating, ventilating and air- conditioning services actually furnished at the rate of $50.00 per hour, exclusive of Tenant's electric. Tenant agrees that it will cooperate with Landlord in metering Tenants use in accordance with any energy or other use measuring systems which Landlord may install in the Leased Premises. Notwithstanding the above, it 7.04 It is understood and agreed that if any services to be provided by Landlord are interrupted by reason of accident, construction or any other reason (other than the foregoing hourly charge intentional misconduct or negligence of Landlord), such interruption shall not be imposed upon Tenant in connection with the first twenty five (25) hours of overtime HVAC usage during each year of the lease term. 6.5 deemed a constructive eviction, Landlord shall not be liable for full or partial interruption in damages to Tenant, and Tenant shall not be entitled to an abatement of any of the above services or utilities from conditions beyond Landlord's controlRent. However, but Landlord shall use due diligence reasonable efforts to promptly and diligently restore service and take all steps reasonably necessary to minimize the deprivation of services and utilities. The rent shall not ▇▇▇▇▇, in whole or in part, during any such interruptionto Tenant.

Appears in 1 contract

Sources: Lease Agreement (Competitive Technologies Inc)

UTILITIES AND SERVICE. 6.1 The A. Landlord agreesagrees to provided water and sanitary sewer services to the common area restrooms of the Building, at its cost together with janitorial supplies and expense, subject cleaning services to payment of pro rata escalations to be paid by Tenant as hereinafter provided in Article 26, such restroom facilities. B. Landlord agrees to furnish to the Tenant the Building services as hereinafter provided: (1) Landlord shall supply the services as in this Lease provided heat during the usual heating season and air conditioning during the usual air conditioning season (provided Tenant does not remove and/or relocate the HVAC duct work week. The work week is hereby defined to be that period from 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, and 9:00 A.M. to 1:00 P.M. on Saturdays. The work week shall not include Sundays and serving the holidays excepted as set forth on Schedule "E". (2) The Building services to be furnished to the Leased Premises and the common core office areas of the Building and improvements include water for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, elevator service (self-servicePremises), as well as electricity and all other common Building services, including electrical service for Building operation janitorial services to the office areas of the common areas in order Premises (all specifically excluded from the Electrical Room), on a 24-hour basis. Electricity to operate the Building Premises shall be by separate submeter. C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord’s control, shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant’s obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due to force majeure or by any negligent act or omission or intentional misconduct of Tenant and as a first-class office Building, which result: (i) all or any portion of the Premises shall include become untenantable (the items referred to on Schedule "D" hereinafter provided. Excepted from “Untenantable Premises”) for the foregoing is the cost normal conduct of Tenant's electrical service ’s business for lighting and office equipment, machinery and fixtures, which electrical service shall be paid for by Tenant at Tenant's cost and expense an hereinafter provided. a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant’s security personnel therein for the purposes of preservation of Tenant’s property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant’s business and Landlord shall furnish janitorial service have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier). D. For the purposes of this Article 7, normal business hours shall be deemed to mean the period of time between 8:00 a.m. and 6:00 p.m., Monday through Friday onlyFriday, with a description of janitorial services and 8:00 a.m. to be supplied attached hereto as Schedule "C"1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that Tenant shall reimburse have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and other rules and regulations which Landlord may adopt from time to time with respect to the cost Building, provided the same are reasonable and are equally applicable to all tenants of removal from the Leased Premises of any refuse and rubbish of Tenant in excess of normal waste. Building. E. Tenant shall pay have the right to place telecommunications equipment of its customers within the Premises (“Co-Location”) and such additional charge within ten (10) days Co-Location shall not be deemed an assignment or sublease under the terms of this Lease Agreement regardless whether a written demandagreement exists between Tenant and its customers. 6.2 Landlord shall furnish F. Tenant agrees prior to such time as it installs its own Tenant electrical service for operation of lighting Generator (and nonduring such time after Tenant has so installed its own Tenant Generator) that it elects to continue to have available to it access to the Landlord’s existing back-high-energy fixtures and equipment in the nature of electric typewriters, personal computers, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energyup emergency generator at no cost. Tenant shall pay to Landlord monthly its pro rata share proportionate costs of such electrical service for Tenant's electric, which said sum shall be in arrears with the following month's rent to be paid in accordance with Article 3 based on monthly statements to be rendered by Landlord to Tenant. In the event there is any dispute as to Tenant's electric charge, such dispute shall be determined by an independent electrical rating service, payment for whose services shall be the sole obligation all maintenance repairs and replacement of the TenantBuilding’s back-up emergency generator. Such independent electrical rating service shall establish the cost of electrical service to all of the offices in the Building in connection with the electrical services hereinabove referred to. Landlord shall, at Tenant's request, furnish to Tenant a written breakdown of the basis upon which Tenant's pro rata electrical cost charges are based and computed. 6.3 Tenant's proportionate use of electrical energy in the Leased Premises for high-energy machinery or equipment is expressly subject to Tenant obtaining from Landlord written consent to the installation of such machinery in the nature of mainframe computers, duplicating machinery in excess of normal office-type photocopying equipment and the like, in order to insure that the electrical capacity of the Building is not exceeded, and to avert possible adverse effect upon the Building electric service. Tenant agrees that in addition to the above it will not permit any additional electrical risers or service connections to be installed without the express written consent of the Landlord with respect thereto. Subject to the foregoing, in the event of any permitted installation of high-energy using electrical machinery or fixtures, Tenant shall pay to the Landlord the full cost of such additional electric service, which shall be based on electrical connected load hooked up to said generator as compared to electrical connected load of other tenants within the determination of an independent Building hooked up to said generator. G. If the Tenant installs its own Tenant Generator, Tenant shall cooperate with the Landlord in load shedding and/or peak moving program when requested by the electric utility supplier (Northern States Power Company). Tenant acknowledges that compliance with Northern States Power Company’s load shedding program has resulted in lower electrical rating service of the annual cost attributable to such use. Said sum shall be paid monthly by Tenant charges to Landlord upon establishment of the amount thereof and is expected to result in the same manner as hereinabove provided in Article 6.2, subject lower electrical charges to adjustment and increase or decrease in electrical energy charges as may be applicable from time to timeTenant. 6.4 If Tenant uses the Leased Premises beyond the regular work week, the Tenant shall be responsible for the cost of heating, ventilating and air- conditioning services actually furnished at the rate of $50.00 per hour, exclusive of Tenant's electric. Tenant agrees that it will cooperate with Landlord in metering Tenants use in accordance with any energy or other use measuring systems which Landlord may install in the Leased Premises. Notwithstanding the above, it is understood and agreed that the foregoing hourly charge shall not be imposed upon Tenant in connection with the first twenty five (25) hours of overtime HVAC usage during each year of the lease term. 6.5 Landlord shall not be liable for full or partial interruption of any of the above services or utilities from conditions beyond Landlord's control, but Landlord shall use due diligence to restore the services and utilities. The rent shall not ▇▇▇▇▇, in whole or in part, during any such interruption.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Eschelon Telecom Inc)