Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.
Appears in 3 contracts
Sources: Sublease Agreement (Webgain Inc), Sublease Agreement (Digital Impact Inc /De/), Sublease Agreement (Webgain Inc)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may Landlord agrees to furnish or cause to be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device furnished to the Premises the utilities and services described in the Subleased Premises Standards for Utilities and Services which will increase the amount of coolingare attached hereto as Exhibit “E”, ventilationand incorporated herein by this reference (“Standards for Utilities and Services”), electricity or water supplied subject to the Subleased Premises beyond that usually supplied for general office use; conditions and in accordance with the standards set forth therein. Landlord’s failure to furnish or (ii) connect with electric current or water pipes cause to be furnished any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering sameitems shall not result in any liability of Landlord. Sublandlord Landlord shall not be in default under this Sublease responsible or liable for any damages directly loss, damage, or indirectly arising fromexpense that Tenant may incur as a result of any change of utility service, nor including any change that makes the utility supplied less suitable for Tenant’s needs, or for any failure, interruption, stoppage, or defect in any utility service. In addition, Tenant shall not be entitled to any abatement or reduction of Rent, no eviction of Tenant shall result from and Tenant shall not be relieved from the rent be abated performance of any covenant or agreement in this Lease by reason ofof any such change, failure, interruption, stoppage or defect. In the event of any failure such failure, interruption, stoppage or defect, Landlord shall diligently attempt to provide cause service to be resumed promptly. If Tenant requires or any reduction utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may, at its option, require Tenant to pay, as Additional Rent, the cost, as determined by Landlord, of such extraordinary usage. In addition, Landlord may install: (a) separate meter(s) for the Premises at Tenant’s sole cost and expense, in any which case Tenant thereafter shall pay all charges of the above services or utilities if utility providing such failure or reduction is caused by the making of repairs or improvements service to the Premises directly to the purveyor thereof or (b) separate submeter(s) for the BuildingPremises at Tenant’s sole cost and expense, in which case Tenant thereafter shall pay to Landlord upon demand, an amount equal to the Actual Electrical Costs (defined herein below) for all electrical energy delivered during each month, as measured by such submeter(s), and in either case, the installation cost of equipment, acts of God or electrical power delivered to rentable space in the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services Building and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord Project shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumptionexcluded from Operating Expenses. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.“
Appears in 3 contracts
Sources: Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.), Office Building Lease (Cirius Therapeutics, Inc.)
Utilities and Services. Subtenant Tenant shall notarrange for all telephone, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to gas, electricity, janitorial services, and other power, utilities and services which it shall require in connection with its use or occupancy of the use and/or connection of any apparatus or device described in clauses (i) Premises and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required same, together with any taxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the installationsame. Without limitation, maintenance Tenant shall be solely responsible for providing such heating, ventilation and use air conditioning ("HVAC") to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of such meters Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and monitoring devicestubes as it shall require for the Premises. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as determined by Landlord, of all charges jointly serving the Premises and administering sameother premises. Sublandlord Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, resulting from nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason ofof (a) the installation, use or interruption of use of any failure to provide or any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordReal Property. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption. The failure obligation to make services available hereunder shall be subject to the limitations of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.
Appears in 2 contracts
Utilities and Services. Subtenant (a) Lessee shall notcontract for and pay for directly all telephone, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) telecommunications and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices janitorial service and Subtenant shall pay for Lessor Lessor’s reasonable estimate of the cost of all work electricity, gas, water, heat and materials required for air conditioning service, sewer charges, and all other utilities or services supplied to or consumed by Lessee, its agents, employees, contractors, and invitees on or about the installationPremises. Lessee acknowledges that (i) the Premises are not currently separately metered, maintenance and Lessor shall reasonably and equitably estimate the cost of the utilities provided to the Premises (provided, however, Lessor anticipates providing a disproportionate (based on square footage) amount of the utilities to Lessee, agreed at 38.5%, based on Lessee’s anticipated use of the Premises), which shall be fixed throughout the Term based on Lessee’s use of common utilities as compared to the use of such meters utilities by other tenants of the Building, (ii) Lessor shall have the right, at its sole cost (unless Lessor reasonably determines that Lessee has been using more than 38.5% of utilities, in which case such metering shall be at Lessee’s cost) to separately meter the Premises and monitoring devices(iii) Lessor may include the cost of such utilities in Operating Expenses or may separately invoice the cost of such utilities to Lessee, in which case Lessee shall pay such amounts within thirty (30) days of Lessor’s delivery of an invoice. If Sublandlord elects Such payments shall constitute Additional Rent, and Lessee’s failure to make such payments on a timely basis will result in a late charge as provided in Paragraph 6(b) and constitute a default as described in Paragraph 22. Lessor shall reasonably determine Lessee’s actual usage of common utilities as 38.5% of the actual cost of utilities, not less frequently than annually and shall deliver prompt written notice to install a special meter or monitoring deviceLessee of such determination, Sublandlord shall determine the amount of additional any underpayment or overpayment made by Lessee as to such utility usage and any adjustment to the amount of such utilities and resources consumed to be paid by Lessee thereafter to more accurately reflect Lessee’s usage thereof. Lessor shall credit any overpayment to the amount of Monthly Base Rent next coming due (or, if this Lease has expired, refund such apparatus amount to Lessee within thirty (30) days thereafter (after first deducting any amounts owing by Lessee under this Lease)) or device based upon Sublandlord's reasonable estimates and best judgmentLessee shall, and within thirty (30) days of Lessor’s delivery of such determination, made pay the amount of such underpayment to Lessor.
(b) Lessor will use reasonable efforts to cause the main HVAC system serving the Premises to provide the airflow/pressurization and temperature regulations described in good faith by Sublandlord, shall Exhibit “F”. Lessor hall not be conclusive on Subtenant. Subtenant shall pay liable to Sublandlord promptly upon demand the cost Lessee for any interruption or failure of any excess use of utilities and resources based on utility services to the rates charged Building or the Premises which is not caused by the local public utility company negligence or other supplier furnishing samewillful misconduct of Lessor, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering sameor Lessor’s employees, agents, or contractors. Sublandlord Lessee shall not be relieved from the performance of any covenant or agreement in default under this Sublease Lease because of any such failure. Lessor shall make all repairs to the Premises required to restore such services to the Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 5 as a current Operating Expense, or liable for any damages directly or indirectly arising fromas a capital improvement which is amortized over its useful life (together with interest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 5(b); provided, nor shall the rent be abated by reason ofhowever, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making gross negligence or willful misconduct of repairs Lessor or improvements to the Premises or the BuildingLessor’s employees, the installation of equipment, acts of God or the elements, labor disturbances of any characteragents, or any other events or conditions whatsoever beyond the reasonable control of Sublandlordcontractors, or rationing or restrictions on by Lessor’s breach in the use performance of said services and utilities due to energy shortages or other causesLessor’s express obligations hereunder, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord then Lessor shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termbear such costs.
Appears in 2 contracts
Sources: Lease (Recursion Pharmaceuticals, Inc.), Lease (Recursion Pharmaceuticals, Inc.)
Utilities and Services. Subtenant (a) Provided that Tenant is not in default hereunder, Landlord shall notfurnish, except or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with Sublandlord's prior the standards set forth therein and in this Lease.
(b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements.
(c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, which consent may be withheld in Sublandlord's sole discretion, either: and a determination that the installation and use thereof (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolingshall be permitted by applicable Law and insurance regulations, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current shall not cause permanent damage or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents injury to the use Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or connection cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any apparatus additional utilities or device described in clauses (i) services to be provided hereunder, Landlord may require a switch and (ii) above, Sublandlord may install meters or similar monitoring devices metering system to be installed so as to measure the amount of such additional utilities consumed by such apparatus or devices and Subtenant shall pay for the services. The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, repair thereof shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly paid by Tenant upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord demand.
(d) Landlord shall not be in default under this Sublease liable for, and Tenant shall not be entitled to, any damages, abatement or liable for any damages directly reduction of Rent, or indirectly arising from, nor shall the rent be abated other liability by reason of, of any failure to provide or furnish any reduction in any of the above services or utilities if such failure described herein or reduction is in Exhibit C for any reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by the making of repairs accident, breakage, repairs, Alterations or other improvements to the Premises Project, strikes, lockouts or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other events or conditions whatsoever cause beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordLandlord’s control. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the energy conservation efforts of nationalgovernmental agencies or utility suppliers. No such failure, state stoppage or local governmental bodies interruption of any such utility or utilities suppliers in reducing energy service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building’s ventilating, air conditioning or other resources consumption. The failure systems to maintain temperatures as may be required for the operation of Sublandlord any computer, data processing or other special equipment of Tenant.
(e) Landlord reserves the right from time to provide time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termservices.
Appears in 2 contracts
Sources: Office Lease (CIPHERLOC Corp), Office Lease (Roberts Realty Investors Inc)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may Landlord agrees to furnish or cause to be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services described in the Standards for Utilities and Services, attached hereto as Exhibit "D", subject to the conditions and in accordance with the standards set forth therein. Landlord's failure to furnish any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlords reasonable control, shall not result in any liability to Landlord. In addition, subject to the provisions, of Paragraph 64, Tenant shall not be entitled to any abatement or reduction of rent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall diligently attempt to resume service promptly. If Tenant requires or utilizes more water than reasonably required for normal drinking and lavatory purposes, as specified in this Section shall not constitute a constructive Paragraph 4 of Exhibit "D", or other eviction utilizes more electricity than the standard electrical consumption specified in Paragraph 3 of SubtenantExhibit "D", Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. Subtenant In addition, if Tenant utilizes excess water or electricity as described above, and continues such excess use after written notice thereof by Landlord, then upon an additional prior written notice to Tenant Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay prior all charges of the utility providing service and Landlord shall make an appropriate adjustment to delinquency Tenant's Operating Expenses calculation to account for all telephone and all other materials and services not expressly required the fact Tenant is directly paying such metered charges, provided Tenant shall remain obligated to be provided by Sublandlord, which may be furnished pay its proportionate share of Operating Expenses subject to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.
Appears in 2 contracts
Utilities and Services. Subtenant Tenant shall notpay all charges for water, except gas, ---------------------- electricity, telephone, central station monitor, refuse pickup, janitorial services, and all other utilities and services supplied or furnished to the Premises during the term of this Lease, together with Sublandlord's prior written consent, which consent any taxes thereon. Said utilities may be withheld supplied to Tenant in Sublandlord's sole discretion, either: (icommon with any other tenant(s) use any apparatus or device in the Subleased Building, or at Landlord's or Tenant's option, be separately metered at Tenant's expense. If separately metered, or if the Premises which will increase consist of the entire building Tenant shall pay all such charges directly to the charging authority when due. If not separately metered, Tenant shall pay its allocable portion based upon the ratio between the Premises Gross Leasable Area and the total gross leasable square feet of space served by the common utility. However, if Landlord determines that Tenant is using a disproportionate amount of coolingany utility service not separately metered, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord then Landlord may either install meters or similar monitoring devices a separate meter to measure the amount utility service, at Tenant's cost, or charge Tenant a sum equal to Landlord's reasonable estimate of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and Tenant's excess use of such meters and monitoring devicesutility service. If Sublandlord elects not to install Tenant shall reimburse Landlord on a special meter or monitoring device, Sublandlord shall determine the amount of additional monthly basis for landlord's cost in furnishing utilities and resources consumed services to the Premises within ten (10) days after Tenant receives an invoice from Landlord and in no event shall Landlord be liable to Tenant for any such failure or interruption unless caused by such apparatus the misconduct of Landlord. No failure or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost interruption of any excess use of such utilities and resources based on the rates charged by the local public utility company or services shall entitle Tenant to terminate this Lease or to withhold rent or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing sums due hereunder and administering sameunless otherwise specifically provided herein. Sublandlord Landlord shall not be in default under this Sublease responsible for providing security guards or liable other security protection for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide all or any reduction in any portion of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the BuildingProperty, and Tenant shall at its own expense provide or obtain such security services as Tenant shall desire to ensure the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any safety of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with Premises and the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermProperty.
Appears in 2 contracts
Sources: Sublease (Covad Communications Group Inc), Sublease (Covad Communications Group Inc)
Utilities and Services. Subtenant shall notProvided that no Event of Default has occurred and is continuing, except Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in the Rules and Regulations, which consent as may be withheld amended in Sublandlordwriting by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's sole discretionjudgment for the comfortable use and occupation of the Premises, either: (i) use any apparatus or device Janitorial service, and to the extent provided in the Subleased Premises which will increase the amount of coolingBuilding only, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existelevator service by non-attended automatic elevators. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentservices shall be included within the definition of Project Costs, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenantpaid by Tenant in the manner set forth in Section 7.1. Subtenant Landlord shall pay not be liable for, and Tenant shall not be entitled to Sublandlord promptly upon demand the cost any abatement or reduction of Rent by reason of Landlord's failure to furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, Unavoidable Delay or improvements for any other causes. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as Additional Rent, the installation cost, as reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of equipmentthe metered service. Tenant shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, acts of God stoppage or the elements, labor disturbances interruption of any characterservices provided hereunder, or any other events or conditions whatsoever beyond the Landlord shall use reasonable control of Sublandlord, or rationing or restrictions on the use of said diligence to resume services and utilities due promptly. Landlord shall at all times have free access to energy shortages or other causes, whether or not any all mechanical installations of the above result from acts or omissions of Sublandlord. FurthermoreBuilding and Premises, Sublandlord shall be entitled including but not limited to cooperate voluntarily in a reasonable manner with the efforts of nationalair conditioning equipment and vents, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities fans, ventilating and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone machine rooms and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termelectrical closets.
Appears in 2 contracts
Sources: Master Lease Agreement (Adforce Inc), Master Lease Agreement (Adforce Inc)
Utilities and Services. Subtenant (a) Provided that Tenant is not in default hereunder, Landlord shall notfurnish, except or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with Sublandlord's prior written the standards set forth therein and in this Lease.
(b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any other tenant or its assignees subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements.
(c) If Tenant’s usage of electricity, water or any other utility service exceeds the use of such utility Landlord determines to be typical, normal and customary for the Building, Landlord may determine the amount of such excess use by any reasonable means (including the installation at Landlord’s request but at Tenant’s expense of a separate meter or other measuring device) and charge Tenant for the cost of such excess usage. Examples of excess electrical usage include, but are not limited to, material consumption of electricity outside Building Hours, or consumption of extraordinary amounts of electricity at any time, such as for the operation of a server, for dedicated HVAC equipment for the Premises, or for other equipment requiring power in excess of standard 120 volt outlet power. In addition, Landlord may impose a reasonable charge for the use of any additional or unusual janitorial services required by Tenant because of any unusual Alterations, the carelessness of Tenant or the nature of Tenant’s business (including hours of operation). In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, which consent may be withheld in Sublandlord's sole discretion, either: and a determination that the installation and use thereof (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolingshall be permitted by applicable Law and insurance regulations, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current shall not cause permanent damage or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents injury to the use Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall upon reasonable prior notice by Tenant, furnish to the Premises additional elevator heating, air conditioning and/or connection cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any apparatus additional utilities or device described in clauses (i) services to be provided hereunder, Landlord may require a switch and (ii) above, Sublandlord may install meters or similar monitoring devices metering system to be installed so as to measure the amount of such additional utilities consumed by such apparatus or devices and Subtenant shall pay for the services. The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, repair thereof shall be conclusive on Subtenantpaid by Tenant upon demand. Subtenant Notwithstanding the foregoing, Landlord shall pay have the right to Sublandlord promptly upon demand contract with any utility provider it deems appropriate to provide utilities to the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Project.
(d) Landlord shall not be in default under this Sublease liable for, and Tenant shall not be entitled to, any damages, abatement or liable for any damages directly reduction of Rent, or indirectly arising from, nor shall the rent be abated other liability by reason of, of any failure to provide or furnish any reduction in any of the above services or utilities if such failure described herein or reduction is in Exhibit C for any reason (other than Landlord’s sole negligence or willful misconduct), including, without limitation when caused by the making of repairs accident, breakage, water leakage, flooding repairs, Alterations or other improvements to the Premises Project strikes lockouts or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, governmental regulation moratorium or other governmental action inability to obtain electricity, water or fuel, or any other events or conditions whatsoever cause beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordLandlord’s control. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the energy conservation efforts of nationalgovernmental agencies or utility suppliers. No such failure, state stoppage or local governmental bodies interruption of any such utility or utilities suppliers in reducing energy service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Buildings ventilating, air conditioning or other resources consumptionsystems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. The 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 an interrupt ion, failure of Sublandlord or inability to provide the utilities and services specified any services. Notwithstanding anything in this Section Paragraph 7 to the contrary if an interruption or cessation of a utility service to the Premises from a cause within the reasonable control of Landlord results in the Premises being unusable by Tenant for the conduct of Tenant’s business, then Basic Annual Rent shall not constitute a constructive or other eviction be abated commencing on that date which is five (5) consecutive business days following the date Tenant delivers written notice to Landlord of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.such interruption and
Appears in 2 contracts
Sources: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device Except as otherwise provided in the Subleased Premises which Addendum to this Sublease, Sublessor, at Sublessor’s expense, will increase the amount provide ordinary and customary amounts and quantities of coolingwater, ventilationand janitorial services (5 days per week), electricity or water supplied sewer, gas, trash collection, and interior window washing to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose Premises. If Subtenant’s use of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use sewer and/or connection of any apparatus or device described in clauses (i) other utilities exceeds ordinary and (ii) abovecustomary usage levels, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and then Subtenant shall pay Sublessor the actual reasonable cost of such excess (determined in Sublessor’s reasonable discretion). Except for Sublessor’s obligations set forth above, Subtenant shall make all arrangements for and pay the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or used by Subtenant. Sublessor shall not be liable for failure to furnish any utilities or services to the BuildingPremises when such failure results from causes beyond Sublessor’s reasonable control, and such failure shall neither be deemed and actual or constructive eviction, nor release Subtenant from its obligations under this Sublease, including without limitation, Subtenant’s obligation to pay Rental. If Sublessor constructs new or additional utility facilities, including without limitation wiring, plumbing, conduits, and/or mains, resulting solely from Subtenant’s changed or increased utility requirements, Subtenant shall on demand promptly pay to Sublessor the installation total cost of equipmentsuch items. If any governmental authority having jurisdiction over the Project imposes mandatory controls, acts or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of God water, gas, electricity, power, or the elementsreduction of automobile emissions, labor disturbances of any characterSublessor, at its reasonable discretion, may comply with such mandatory controls or any other events or conditions whatsoever beyond the reasonable control of Sublandlordvoluntary guidelines and, or rationing or restrictions on the use of said services and utilities due accordingly, require Subtenant to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlordso comply. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section Sublessor shall not constitute be liable for damages to persons or property for any mandatory reduction, nor shall such mandatory reduction in any way be construed as a constructive or other partial eviction of Subtenant. ; cause an abatement of rent, or operate to release Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termfrom any of Subtenant’s obligations under this Sublease.
Appears in 1 contract
Sources: Sublease Agreement (iVOW, Inc.)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in 6.1 Landlord will arrange for the Subleased Premises which will increase the amount furnishing of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or waterdemised premises, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant Tenant shall pay for such electricity at the cost applicable secondary rates dictated by Detroit Edison. Such charge to Tenant for electricity shall be payable, as additional rent, in monthly installments payable within thirty (30) days following receipt of all work an invoice from Landlord.
6.2 Landlord shall furnish the demised premises with (a) heat, ventilation and materials air conditioning to the extent required for the installation, maintenance and use occupancy of such meters and monitoring devices. If Sublandlord elects not the demised premises to install a special meter or monitoring device, Sublandlord shall determine the amount standards of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentcomfort, and during such determinationhours, made in good faith as reasonably determined by SublandlordLandlord for the Building (which hours, until Landlord shall otherwise designate, shall be conclusive from 7:00
a. m. to 7:00 p.m. on Subtenant. Subtenant weekdays and from 8:00 a.m. to 3:00 p.m. on Saturdays; in each case except holidays), or as may be prescribed by any applicable policies or regulations adopted by any utility or governmental agency, provided Landlord shall not be required to provide supplemental ventilation and air conditioning to the demised premises required by reason of heat generating equipment or lighting other than building standard lights, or if the demised premises shall be occupied by a number of persons in excess of the design criteria of the air conditioning system, or to accommodate any other extraordinary ventilation or air conditioning requirements of Tenant, (b) elevator service, and (c) janitorial services in accordance with Exhibit "D" attached hereto, provided, however, Tenant shall pay a reasonable additional charge for providing janitorial services to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account portion of the foregoing demised premises used for other than normal office purposes. Landlord shall not be responsible for removal and administering samedisposal of trash in excess of that created as a result of normal office operations. Sublandlord In addition, Landlord shall replace all burned out fluorescent tubes, ballasts and starters. Landlord shall not be in default under this Sublease hereunder or be liable for any damages directly or indirectly arising resulting from, nor shall the rent rental herein reserved be abated or an actual or constructive eviction or partial eviction be deemed to have occurred by reason of: (1) the installation, use or interruption of use, of any failure to provide or any reduction equipment in connection with the furnishing of any of the above foregoing services, (2) failure to furnish or delay in furnishing any such services or utilities if when such failure or reduction delay is caused by accident or any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises demised premises or to the Building, or (3) any limitation, curtailment, rationing or restriction on use of water, electricity, steam, gas or any other form of energy serving the demised premises or the Building. Landlord shall use reasonable efforts diligently to remedy any interruption in the furnishing of such services. Notwithstanding the preceding paragraph, in the event that Tenant is prevented from using, and does not use, the installation of equipmentdemised premises or any portion thereof, acts of God or the elements, labor disturbances for more than three (3) consecutive business days as a result of any character, or any other events or conditions whatsoever beyond failure of Landlord to provide services to the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any demised premises as a result of the above result from acts negligence or omissions willful act of Sublandlord. FurthermoreLandlord, Sublandlord its agents, contractors or employees, then Tenant's Basic Rental and additional rent shall be entitled abated or reduced, as the case may be, after expiration of the %day period for such time that Tenant continues to cooperate voluntarily be so prevented from using the demised premises or a portion thereof, in a reasonable manner with the efforts proportion that the rentable area of nationalthe portion of the demised premises that Tenant is prevented from using, state or local governmental bodies or utilities suppliers and does not use, bears to the total rentable area of the demised premises.
6.3 Tenant shall pay, as additional rent, the cost of providing (i) all heating, ventilating and air conditioning, including all related utility costs, to the demised premises in reducing energy or other resources consumption. The failure excess of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly that required to be provided by SublandlordLandlord pursuant to Section 6.2 hereof, which may provided Landlord shall have no obligation to provide heating, ventilating or air conditioning to the extent same cannot be provided utilizing the existing equipment servicing the Building, (ii) janitorial service in excess of the service required to be provided by Landlord pursuant to Section 6.2 hereof, and (iii)any other special service required by reason of Tenant's use of the demised premises during other than normal business hours or for other than normal office purposes. Tenant shall notify Landlord in writing at least one (1) business day prior to the time it requires heating, ventilating and air conditioning during periods the same are not otherwise furnished by Landlord pursuant to or used in, on or about the Subleased Premises during the Sublease TermSection 6.2 hereof.
Appears in 1 contract
Utilities and Services. Subtenant (a) Landlord shall notfurnish, except or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached hereto and all other services typically provided to tenants in similar projects, subject to the conditions and in accordance with Sublandlordthe standards set forth therein and in this Lease.
(b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time reasonably prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements. Landlord shall use commercially reasonable efforts to enforce the rules and regulations in a non-discriminatory manner.
(c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C. Tenant shall pay to Landlord within fifteen (15) days after receipt of a written statement therefor, Landlord's prior written actual cost incurred for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord's reasonable judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord's consent, which consent may be withheld in Sublandlord's sole discretion, either: and a determination that the installation and use thereof (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolingshall be permitted by applicable Law and insurance regulations, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current shall not cause permanent damage or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents injury to the use Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional heating, air conditioning and/or connection cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord's actual cost incurred therefor. In the case of any apparatus additional utilities or device described in clauses (i) services to be provided hereunder, Landlord may require a switch and (ii) above, Sublandlord may install meters or similar monitoring devices metering system to be installed so as to measure the amount of such additional utilities consumed by such apparatus or devices and Subtenant shall pay for the services. The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, repair thereof shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly paid by Tenant upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing samedemand.
(d) Except as otherwise provided in this Lease, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Landlord shall not be in default under this Sublease liable for, and Tenant shall not be entitled to, any damages, abatement or liable for any damages directly reduction of Rent, or indirectly arising from, nor shall the rent be abated other liability by reason of, of any failure to provide or furnish any reduction in any of the above services or utilities if such failure described herein or reduction is in Exhibit C for any reason (other than Landlord's negligence or misconduct), including, without limitation, when caused by the making of repairs accident, breakage, repairs, Alterations or other improvements to the Premises Project, strikes, lockouts or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other events or conditions whatsoever cause beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordLandlord's control. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the energy conservation efforts of nationalgovernmental agencies or utility suppliers. Except as otherwise provided in this Lease or by Law, state no such failure, stoppage or local governmental bodies interruption of any such utility or utilities suppliers in reducing energy service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building's ventilating, air conditioning or other resources consumptionsystems to maintain temperatures as may be required for the operation of any data processing or other special equipment of Tenant. The failure Notwithstanding anything in this Paragraph 7 to the contrary, if an interruption or cessation of Sublandlord a utility service to provide the Premises from a cause within the reasonable control of Landlord results in the Premises being unusable by Tenant for the conduct of Tenant's business, then Basic Annual Rent shall be abated commencing on that date which is five (5) business days following the date Tenant delivers written notice to Landlord of such interruption and continuing until either such utility service to the Premises is restored or the Premises is again usable for the conduct of Tenant's business. If, however, Tenant reoccupies any portion of the Premises during such abatement period, the Basic Annual Rent allocable to such reoccupied portion, based on the proportion that the Rentable Area of such reoccupied portion of the Premises bears to the total Rentable Area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Except in the event of a constructive eviction under the Law, such right to ▇▇▇▇▇ Basic Annual Rent shall be Tenant's sole and exclusive remedy at law or in equity in the event of an interruption or cessation of a utility service to the Premises.
(e) Landlord reserves the right, with prior written notice to Tenant, from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termservices.
Appears in 1 contract
Utilities and Services. Subtenant 16.1 To the extent such items are not included in Operating Expenses, Tenant shall pay for all water, (including the cost to service, repair, replace and operate any reverse osmosis and/or deionized water systems and other treated water) gas, heat, light, power, telephone, janitorial service, refuse collection, hazardous material collection and other utilities and services supplied to the Demised Premises, together with any taxes thereon. Tenant shall also pay for the cost to service, repair, relocate, replumb, replace and operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion based upon its use of such utility to be determined by Landlord of all charges jointly metered with other premises or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which shall be paid by Tenant as Additional Rent.
16.2 Landlord shall not be liable for nor shall any eviction of Tenant result from the failure to furnish any such utility or service whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this Lease.
16.3 Tenant shall pay for, prior to delinquency, any utilities which may be furnished and billed to the Demised Premises during the term of this Lease.
16.4 Tenant shall not, except with Sublandlord's without the prior written consentconsent of Landlord, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises Demised Premises, including, but without limitation, data processing machines (excluding personal computers) and non standard laboratory equipment, which will in any way increase the amount of coolingventilation, ventilationair exchange, gas, electricity or water supplied beyond the existing capacity of the Building as proportionately allocated to the Subleased Demised Premises beyond based upon Tenant's Pro Rata Share as set forth in Section 1.2.6 above.
16.5 If Tenant shall require services in excess of that usually furnished or supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described similar space in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, by reason of equipment operated and/or extended hours of business operation, then Tenant shall first procure the installation consent of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on Landlord for the use thereof, which consent Landlord may condition upon the availability of said such excess utilities or services and utilities due Tenant's payment as Additional Rent of an amount equal to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord cost to provide the utilities such excess services and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termutility capacity.
Appears in 1 contract
Sources: Expansion Lease (Senomyx Inc)
Utilities and Services. Subtenant (a) Lessee shall notcontract for and pay for all separately metered electricity, except water and gas, and Lessor shall contract for and pay for, and Lessee shall reimburse Lessor therefor pursuant to Paragraph 6 as an Operating Expense pursuant to the provisions of Paragraph 6, all common area electricity, gas, water, sewer, utility and other service charges. Lessee shall contract for and pay for janitorial service, refuse pick-up and any telephone, data or other communications services, any special utilities that serve only the Premises (e.g., distilled water, process gasses, etc.).
(b) Lessor shall not be liable to Lessee for any interruption or failure of any utility services to the Building or the Premises unless caused by the active negligence or willful acts of Lessor. Lessee shall not be relieved from the performance of any covenant or agreement in this Lease because of any such failure. Lessor shall make all repairs to the Premises required to restore such services to the Premises and the cost thereof shall be payable by Lessee pursuant to Paragraph 6 as a current Operating Expense, or as a capital improvement which is amortized over its useful life (together with Sublandlord's prior written consentinterest thereon) as an Operating Expense in accordance with generally accepted accounting principles as described in Paragraph 6(b); provided, which consent may be withheld however, that Lessee shall have the option to pay for Lessee’s Pro Rata Share of any such improvement as a single lump-sum payment to avoid future interest costs described therein, and further provided that if such failure is caused by the active negligence or willful acts of Lessor, then Lessor shall bear such costs. Notwithstanding anything to the contrary contained in Sublandlord's sole discretionthis Lease, either: if Lessee is prevented from using, and does not use, the Premises or any portion thereof, for thirty (30) consecutive days (the “Eligibility Period”), as a result of (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied failure by Lessor to provide to the Subleased Premises beyond that usually supplied for general office use; any of the essential utilities and services required to be provided by Lessor pursuant to this Lease, or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents failure by Lessor to provide access to the Premises (each failure which shall be an “Interruption”), then Lessee’s obligation to pay Rent shall be abated, as the case may be, from and after the first (1st) day following the Eligibility Period and continuing until such time that Lessee continues to be so prevented from using, and does not use, the Premises or a portion thereof as a result of the Interruption, in the proportion that the rentable square feet of the portion of the Premises that Lessee is prevented from using, and does not use and/or connection in the Premises bears to the total rentable square feet of any apparatus or device the Premises; provided, however, that Lessee shall only be entitled to such abatement of Rent if the Interruption described in clauses (i) and or (ii) aboveof this sentence arises out of or results from Lessor’s active negligence or willful misconduct; provided, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installationfurther, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord that Lessee shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure entitled to provide or any reduction in any of the above services or utilities if such failure abatement or reduction is caused by the making of repairs or improvements Rent to the Premises extent the matters described in clauses (i) or (ii) above arise out of or results from an Interruption outside of Lessor’s reasonable control. To the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord extent Lessee shall be entitled to cooperate voluntarily in abatement of Rent because of a reasonable manner with Casualty pursuant to Paragraph 21 or a taking pursuant to Paragraph 22, then the efforts terms of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section Paragraph 16(b) shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termapply.
Appears in 1 contract
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.
Appears in 1 contract
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in ----------- accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment. Notwithstanding anything in this Lease, if, as a result from of the negligent acts or omissions of SublandlordLandlord or its agents, contractors or employees, for more than five (5) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, so that any portion of the Premises cannot be and is not used by Tenant, in Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the extent to which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such utilities or services and Landlord provides substitute services reasonably suitable for Tenant's purposes, as for example, bringing in portable air-conditioning equipment, then there shall not be an abatement of rent. FurthermoreThis paragraph shall not apply in case of damage to, Sublandlord or destruction of, the Building, which shall be entitled governed by a separate provision of this Lease. Notwithstanding any of the foregoing to cooperate voluntarily the contrary, Tenant may not ▇▇▇▇▇ rent if Landlord disputes Tenant's right to ▇▇▇▇▇ or the amount of such abatement, until and to the extent the arbitrator provides that Tenant may do so in a reasonable manner accordance with and pursuant to the efforts terms of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermParagraph 50 hereof.
Appears in 1 contract
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as EXHIBIT "D", subject to the conditions and in accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents that are authorized by Tenant to subscribe on behalf of Tenant for any additional services which consent may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretioncost, eitherbut at no profit to Landlord. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, in the Subleased Premises which event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in Subparagraphs 20(f), 21(b) or 23), no eviction of Tenant will increase result from such failure and Tenant will not be relieved from the amount performance of coolingany covenant or agreement in this Lease because of such failure. In the event of any failure, ventilationstoppage or interruption thereof, electricity Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water supplied to the Subleased Premises beyond that usually supplied or electrical power than is considered reasonable or normal for general office use; or (iiuse by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) connect with electric current or water pipes any device or apparatus for the purpose Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of using the utility providing service and Landlord will deduct any amounts for said water or electrical current power from Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment. Landlord shall have the right at any time and from time-to-time during the Term of the Lease to contract for service from any company or watercompanies providing electricity service ("Service Provider"). Tenant shall cooperate with Landlord and the Service Provider at all times and, except as such connections now exist. If Sublandlord consents reasonably necessary, shall allow Landlord and Service Provider reasonable access to the use and/or connection Building's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Provided Landlord is not in breach of its obligations under this Lease, and is not negligent or engaged in willful misconduct, Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any apparatus change, failure, interference, disruption, or device described defect in clauses (i) and (ii) abovethe supply or character of the electric energy furnished to the Premises, Sublandlord may install meters or similar monitoring devices to measure if the amount quantity or character of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged electric energy supplied by the local public utility company Service Provider is no longer available or other supplier furnishing samesuitable for Tenant's requirements, plus no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any additional expense incurred by Sublandlord in keeping account abatement or diminution of the foregoing and administering same. Sublandlord shall not be in default under this Sublease rent, or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in relieve Tenant from any of its obligations under the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermLease.
Appears in 1 contract
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as EXHIBIT "F", subject to the conditions and in accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretioncost. Except to the extent of the gross negligence or willful misconduct of Landlord or its agents or contractors, eitherLandlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction is caused taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than set forth in EXHIBIT "F" as reasonably determined by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.
Appears in 1 contract
Sources: Office Building Lease (Supergen Inc)
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current any other cause beyond Landlord's reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water pipes any device or apparatus electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the purpose Premises, at Tenant's sole expense, and Tenant agrees thereafter to pay all charges of using electrical current the utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Operating Expenses subject to such adjustment. Notwithstanding the provisions of this Paragraph 17, if for more than three (3) consecutive business days following written notice to Landlord, there is no elevator service to the Premises, or no HVAC or electricity to the Premises, or such an interruption of other essential utilities and building services, such as fire protection or water, except as such connections now exist. If Sublandlord consents so that any portion of the Premises cannot be used by Tenant, in Tenant's judgment reasonably exercised, then Tenant's rent shall thereafter be abated until the Premises are again usable by Tenant in proportion to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices extent to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and which Tenant's use of the Premises is interfered with; provided, however, that if Landlord is diligently pursuing the repair of such meters utilities or services and monitoring devices. If Sublandlord elects not to install a special meter or monitoring deviceLandlord provides substitute services reasonably suitable for Tenant's purposes, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentas for example, and such determinationbringing in portable air-conditioning equipment, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord then there shall not be any abatement of rent. This provision shall not apply in default under this Sublease case of damage to, or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason destruction of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the BuildingPremises, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord which shall be entitled to cooperate voluntarily in governed by a reasonable manner with the efforts separate provision of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermLease.
Appears in 1 contract
Utilities and Services. Subtenant 16.1 Tenant shall notpay for all water (including the cost to service, except with Sublandlord's prior written consentrepair and replace reverse osmosis, which consent may be withheld in Sublandlord's sole discretiondeionized and other treated water), either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolinggas, ventilationheat, electricity or water light, power, telephone and other utilities supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect Demised Premises, together with electric current or water pipes any device or apparatus for the purpose of using electrical current or waterfees, except as surcharges and taxes thereon. All such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay separately metered to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account Tenant as of the foregoing and administering same. Sublandlord Term Commencement Date.
16.2 Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising fromfor, nor shall any eviction of Tenant result from, the rent be abated by reason of, any failure to provide furnish any such utility or any reduction in any of the above services service whether or utilities if not such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the exercise of reasonable diligence or by any other events cause except the willful misconduct or conditions whatsoever beyond the reasonable control gross negligence of SublandlordLandlord. In the event of such failure, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or Tenant shall not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with any abatement or reduction of Rent, nor be relieved from the efforts operation of nationalany covenant or agreement of this Lease.
16.3 Tenant shall pay directly to the applicable utility or service provider, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord prior to provide the delinquency, for any separately metered utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to Tenant or used in, on or about the Subleased Demised Premises during the Sublease Term.
16.4 Tenant shall not, without the prior written consent of Landlord, which shall not be unreasonably withheld, use any device in the Demised Premises, including, but without limitation, data processing machines, which will in any way increase the amount of ventilation, air exchange, gas, steam, electricity or water beyond that for which the Demised Premises are reasonably designed as of the Term Commencement Date.
16.5 Provided that Landlord shall furnish Tenant with notice whenever reasonably possible, Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, in the good faith judgment of Landlord desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service, when prevented from doing so by strike or accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure to deliver gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel. It is expressly understood and agreed that any covenants on Landlord's part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of a strike or labor trouble or any other cause whatsoever. Notwithstanding the foregoing, Landlord, in exercising its rights hereunder, shall use commercially reasonable efforts to minimize any disruption to or interference with the conduct of Tenant's business.
Appears in 1 contract
Sources: Lease Agreement (Dendreon Corp)
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as EXHIBIT "E", subject to the conditions and in accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities SUBPARAGRAPHS 20(f) OR 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option, require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such
18. extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.
Appears in 1 contract
Utilities and Services. Subtenant (a) Provided that Tenant is not in default hereunder, Landlord shall notfurnish, except or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with Sublandlord's prior the standards set forth therein and in this Lease.
(b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements.
(c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, which consent may be withheld in Sublandlord's sole discretion, either: and a determination that the installation and use thereof (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolingshall be permitted by applicable Law and insurance regulations, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current shall not cause permanent damage or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents injury to the use Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or connection cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any apparatus additional utilities or device described in clauses (i) services to be provided hereunder, Landlord may require a switch and (ii) above, Sublandlord may install meters or similar monitoring devices metering system to be installed so as to measure the amount of such additional utilities consumed by such apparatus or devices and Subtenant shall pay for the services. The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, repair thereof shall be conclusive on Subtenantpaid by Tenant upon demand. Subtenant Notwithstanding the foregoing, Landlord shall pay have the right to Sublandlord promptly upon demand contract with any utility provider it deems appropriate to provide utilities to the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Project.
(d) Landlord shall not be in default under this Sublease liable for, and Tenant shall not be entitled to, any damages, abatement or liable for any damages directly reduction of Rent, or indirectly arising from, nor shall the rent be abated other liability by reason of, of any failure to provide or furnish any reduction in any of the above services or utilities if such failure described herein or reduction is in Exhibit C for any reason (other than Landlord’s sole negligence or willful misconduct), including, without limitation, when caused by the making of repairs accident, breakage, water leakage, flooding, repairs, Alterations or other improvements to the Premises Project, strikes, lockouts or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other events or conditions whatsoever cause beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordLandlord’s control. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the energy conservation efforts of nationalgovernmental agencies or utility suppliers. No such failure, state stoppage or local governmental bodies interruption of any such utility or utilities suppliers in reducing energy service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building’s ventilating, air conditioning or other resources consumptionsystems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. The 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 an interruption, failure of Sublandlord or inability to provide any services.
(e) Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termservices.
Appears in 1 contract
Sources: Office Lease (Inuvo, Inc.)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond Provided that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects Tenant is not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease Lease, Land▇▇▇▇ ▇▇▇ees to furnish or liable for any damages directly or indirectly arising from, nor shall the rent cause to be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified described in the Standards for Utilities and Services, attached hereto as EXHIBIT "D", subject to the conditions and in accordance with the standards set forth therein. Landlord's failure to furnish any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlord's reasonable control, shall not result in any liability to Landlord. In addition, Tenant shall not be entitled to any abatement or reduction of rent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Section Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall not constitute a constructive diligently attempt to resume service promptly. If Tenant requires or other eviction of Subtenantutilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. Subtenant In addition, Landlord may install separate meter(s) for the Premises, at Landlord's sole expense, and Tenant thereafter shall pay all charges of the utility providing service and Landlord shall make an appropriate adjustment to account for the fact Tenant is directly paying such metered charges. * (with reasonable prior notice to delinquency Tenant for all telephone non-routine repairs and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.maintenance)
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Utilities and Services. Subtenant 16.1 To the extent such items are not included in Operating Expenses, Tenant shall pay for all water, (including the cost to service, repair, replace and operate any reverse osmosis and/or deionized water systems and other treated water) gas, heat, light, power, telephone, janitorial service, refuse collection, hazardous material collection and other utilities and services supplied to the Demised Premises, together with any taxes thereon. Tenant shall also pay for the cost to service, repair, relocate, replumb, replace and operate any gas or liquid distribution systems servicing the Demised Premises including any located in the Building but outside the Demised Premises. If any such utility is not separately metered to Tenant, Tenant shall pay a reasonable proportion based upon its use of such utility to be determined by Landlord of all charges jointly metered with other premises or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which shall be paid by Tenant as Additional Rent.
16.2 Landlord shall not be liable for nor shall any eviction of Tenant result from the failure to furnish any such utility or service whether or not such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability despite the exercise of reasonable diligence or by any other cause, including the gross negligence of Landlord. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this Lease.
16.3 Tenant shall pay for, prior to delinquency, any utilities which may be furnished and billed to the Demised Premises during the term of this Lease.
16.4 Tenant shall not, except with Sublandlord's without the prior written consentconsent of Landlord, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises Demised Premises, including, but without limitation, data processing machines (excluding personal computers) and non standard laboratory equipment, which will in any way increase the amount of coolingventilation, ventilationair exchange, gas, electricity or water supplied beyond the existing capacity of the Building as proportionately allocated to the Subleased Demised Premises beyond based upon Tenant's Pro Rata Share as set forth in Section 1.2.6 above.
16.5 If Tenant shall require services in excess of that usually furnished or supplied for general office use; similar space in the Building, by reason of equipment operated and/or extended hours of business operation, then Tenant shall first procure the consent of Landlord for the use thereof, which consent Landlord may condition upon the availability of such excess utilities or services and Tenant's payment as Additional Rent of an amount equal to the cost to provide such excess services and utility capacity.
16.6 Utilities and services provided by Landlord and billed to the Demised Premises shall be paid by Tenant directly to the supplier of such utility or service.
16.7 Landlord shall provide water in Common Areas for drinking and lavatory purposes only, but if Tenant requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes of which fact Tenant constitutes Landlord to be the sole judge, Landlord may install a water meter and thereby measure Tenant's water consumption for all purposes. Tentant shall pay Landlord for the cost of the meter and the cost of the installation thereof and throughout the duration of Tenant's occupancy, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant's own cost and expense, in default of which Landlord may cause such meter and equipment to be replaced or repaired and collect the cost thereof from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered, and on default in making such payment. Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such.
16.8 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when necessary, by reason of accident or emergency or for repairs, alterations or improvements, in the judgment of Landlord desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service, when prevented from doing so by strike or accident, or by laws, rules, order, ordinances, directions, regulations or requirements of any federal, state, country or municipal authority or failure to deliver gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel. It is expressly understood and agreed that any covenants on Landlord's part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of a strike or labor trouble or any other cause whatsoever. In the event of fire, earthquake, flood, vandalism, war, storm or similar cause of damage or destruction, this Section shall not apply and the provisions of Article 22 entitled Damage or Destruction shall apply and control.
16.9 Notwithstanding anything to the contrary in this Lease, if as a consequence of (i) a material cessation of utilities required to be provided to the Demised Premises by Landlord, or (ii) connect with electric current or water pipes any device or apparatus for the purpose presence of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the a significant amount of utilities consumed by such apparatus Hazardous Materials which does not result from Tenant's release or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use emission of such meters and monitoring devices. If Sublandlord elects not to install a special meter Hazardous Material in or monitoring deviceabout the Demised Premises in violation of Hazardous Materials Laws, Sublandlord shall determine which renders the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentDemised Premises uninhabitable, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services foregoing cases, Tenant is unable to use the Demised Premises for a continuous and consecutive period of thirty (30) days following written notice by Tenant to Landlord and Landlord's lenders, and Landlord fails or utilities if refuses to take any action to correct or otherwise remedy such failure or reduction is caused by the making of repairs or improvements to the Premises or the Buildingsituation, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord then Tenant shall be entitled to cooperate voluntarily in a reasonable manner with terminate the Lease upon ten (10) days written notice to Landlord. If the interference persists for more than one hundred eighty (180) consecutive calendar days following written notice to Landlord and Landlord's lender despite Landlord's actions and efforts of nationalto correct or remedy such interference, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord Tenant shall have the right to provide the utilities and services specified in terminate this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior Lease upon ten (10) days written notice to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermLandlord.
Appears in 1 contract
Sources: Expansion Lease (Senomyx Inc)
Utilities and Services. Subtenant (a) Provided that Tenant is not in default hereunder, Landlord shall notfurnish, except or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with Sublandlord's prior the standards set forth therein and in this Lease.
(b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements.
(c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, which consent may be withheld in Sublandlord's sole discretion, either: and a determination that the installation and use thereof (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolingshall be permitted by applicable Law and insurance regulations, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current shall not cause permanent damage or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents injury to the use Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or connection cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. In the case of any apparatus additional utilities or device described in clauses (i) services to be provided hereunder, Landlord may require a switch and (ii) above, Sublandlord may install meters or similar monitoring devices metering system to be installed so as to measure the amount of such additional utilities consumed by such apparatus or devices and Subtenant shall pay for the services. The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, repair thereof shall be conclusive on Subtenantpaid by Tenant upon demand. Subtenant Notwithstanding the foregoing, Landlord shall pay have the right to Sublandlord promptly upon demand contract with any utility provider it deems appropriate to provide utilities to the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Project.
(d) Landlord shall not be in default under this Sublease liable for, and Tenant shall not be entitled to, any damages, abatement or liable for any damages directly reduction of Rent, or indirectly arising from, nor shall the rent be abated other liability by reason of, of any failure to provide or furnish any reduction in any of the above services or utilities if such failure described herein or reduction is in Exhibit C for any reason (other than Landlord’s sole negligence or willful misconduct), including, without limitation, when caused by the making of repairs accident, breakage, water leakage, flooding, repairs, Alterations or other improvements to the Premises Project, strikes, lockouts or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other events or conditions whatsoever cause beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordLandlord’s control. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the energy conservation efforts of nationalgovernmental agencies or utility suppliers. No such failure, state stoppage or local governmental bodies interruption of any such utility or utilities suppliers in reducing energy service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building’s ventilating, air conditioning or other resources consumptionsystems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. The failure of Sublandlord to provide the utilities and services specified Notwithstanding anything in this Section Paragraph 7 to the contrary, if an interruption or cessation of a utility service to the Premises is caused by Landlord, its agents, employees or contractors that arises from a cause within the reasonable control of Landlord and such interruption or cessation results in the Premises being unusable by Tenant for the conduct of Tenant’s business, then Basic Annual Rent and Operating Costs shall be abated commencing on that date which is five (5) consecutive business days following the date Tenant delivers written notice to Landlord of such interruption and continuing until either such utility service to the Premises is restored or the Premises is again usable for the conduct of Tenant’s business. If, however, Tenant reoccupies any portion of the Premises during such abatement period, the Basic Annual Rent and Operating Costs allocable to such reoccupied portion, based on the proportion that the Rentable Area of such reoccupied portion of the Premises bears to the total Rentable Area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Except as expressly set forth in the following sentence, such right to ▇▇▇▇▇ Basic Annual Rent and Operating Costs shall be Tenant’s sole and exclusive remedy at law or in equity in the event of an interruption or cessation of a utility service to the Premises. Furthermore (i) if an interruption or cessation of utility service to the Premises occurs, and continues for a period of ninety (90) consecutive days after Tenant notifies Landlord in writing of such interruption or cessation of utility service; (ii) if such interruption or cessation of utility service is caused by an event in Landlord’s reasonable control and not constitute a constructive the result of any breach of this Lease by Tenant or other eviction negligent or otherwise wrongful act or omission of Subtenant. Subtenant Tenant; (iii) if such interruption or cessation of utility service is not caused by a fire or other casualty (in which case Section 9 shall pay control) or a condemnation (in which case Section 10 shall control); (iv) if, as a result of such interruption or cessation of utility service, the Premises, or a material portion thereof, is rendered Untenantable (as hereinafter defined); and (v) provided Tenant shall have delivered written notice to Landlord (such written notice detailing such interruption or cessation of utility service and containing in bold upper case letters (in 16 point font or larger) the phrase “FINAL REQUEST – TENANT ENTITLED TO UTILITY SERVICE INTERRUPTION TERMINATION NOTICE UNDER LEASE”), then Tenant shall have the right, after such ninetieth (90th) consecutive day, to terminate this Lease for the Premises, prior to, but not after, the restoration of such utility service to delinquency for all telephone the Premises, by timely delivering to Landlord written notice of such termination (after such ninetieth (90th) consecutive day) and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.this Lease shall promptly
Appears in 1 contract
Utilities and Services. Subtenant Tenant shall notarrange for all telephone, except with Sublandlord's prior written consentwater, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilationgas, electricity and other power and utilities which it shall require in connection with its use or water supplied to occupancy of the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required same, together with any taxes, penalties, surcharges or the like pertaining thereto. In addition, Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the installationsame. Without limitation, maintenance Tenant shall be solely responsible for providing such heating, ventilation and use air conditioning (“HVAC”) to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of such meters Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and monitoring devicestubes as it shall require for the Premises. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as determined by Landlord, of all charges jointly serving the Premises and administering sameother premises. Sublandlord Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, resulting from nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason ofof (a) the installation, use or interruption of use of any failure to provide or any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordReal Property. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption. The failure obligation to make services available hereunder shall be subject to the limitations of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.
Appears in 1 contract
Sources: Net Lease (Renovis Inc)
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in ----------- accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.
Appears in 1 contract
Sources: Office Building Lease (Virtual Mortgage Network Inc)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied Provision to the Subleased Leased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes of any device or apparatus for the purpose of using electrical current or utilities and services such as gas, water, except as such steam, sewer, telephone, trash removal, enhanced security, janitorial, etc. shall be the responsibility of the LESSEE and any SubLessee. In the event that the LESSEE shall request and the GOVERNMENT shall furnish utility connections now exist. If Sublandlord consents associated with its use of the Leased Premises, LESSEE shall pay the GOVERNMENT the agreed charges therefore in addition to the use and/or connection consideration rent required under this LEASE. Such charges and the method of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlordpayment thereof, shall be conclusive determined by GOVERNMENT or the appropriate supplier of such service, in accordance with applicable laws and regulations, on Subtenantsuch basis as the GOVERNMENT or appropriate supplier of such service may establish, and may include a requirement for the installation of adequate connecting and metering equipment at the sole cost and expense of the LESSEE. Subtenant shall pay to Sublandlord promptly upon demand It is expressly agreed and understood that the cost GOVERNMENT in no way warrants the continued supply, maintenance, or adequacy of any excess use of utilities and resources based or services furnished by it to the LESSEE. LESSEE shall have the right, subject to Paragraph 8 above herein, to install such utilities or make improvements to existing utilities on the rates charged by the local public utility company or other supplier furnishing sameLeased Premises, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Buildingincluding but without limitation, the installation of emergency power generators, as may be necessary for the operation of LESSEE's equipment, acts of God or . LESSEE will solely be responsible for all costs associated with utility connections from Leased Premises to utility mains. Plans and specifications for this will be approved by the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond Facilities Engineering and Acquisition Division Head located at the reasonable control of Sublandlord, or rationing or restrictions on Station. All utilities must be metered. The LESSEE will reimburse the use of said services and utilities due Station periodically when a ▇▇▇▇ is presented by the Station to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources LESSEE for utility consumption. Reimbursable utilities are water, sewer, power and gas. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency LESSEE will be responsible for all telephone costs associated with connecting to and installing meters for all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termutilities.
Appears in 1 contract
Sources: Lease Agreement
Utilities and Services. Subtenant Lessee shall notpay for all commercially reasonable amounts of water, except with Sublandlord's prior written consentgas, which consent may be withheld in Sublandlord's sole discretionheat, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolinglight, ventilation, electricity or water power supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect Premises, together with electric current or water pipes any device or apparatus for taxes thereon. Notwithstanding the purpose provisions of using electrical current or waterSection 4, except as such connections now exist. If Sublandlord consents to the use and/or connection of if at any apparatus or device described time in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best Lessor’s sole judgment, and Lessor determines that Lessee is generating such determination, made a large volume of trash as to require an increase in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account size of the foregoing and administering sametrash receptacle and/or an increase in the number of times per month that it is emptied, then Lessor may increase Lessee’s Base Rent by an amount equal to such increased costs. Sublandlord Lessor shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any respect whatsoever (other than providing the equitable abatement of rent) for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor’s reasonable control or in cooperation with governmental request or directions. Notwithstanding anything to the contrary contained in this Lease, in the event of any interruption in any utility service due to the negligence or willful misconduct of Lessor, its agents, employees or contractors, which interruption renders the Premises wholly or partially unusable for the reasonable operation of Lessee’s business therein for a period of forty-eight (48) consecutive hours, Rent shall thereafter equitably ▇▇▇▇▇ during such period in proportion to the degree to which Lessee’s use of the above services or Premises is impaired. Lessee, at its sole option and discretion and at Lessee’s sole cost and expense, shall have the right to install separate check meters to measure utilities actually consumed at the Premises, and if Lessee does so, from and after the date of such failure or reduction is caused by the making of repairs or improvements to the Premises or the Buildinginstallation, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord Lessee’s utility charges shall be entitled to cooperate voluntarily in a reasonable manner with the efforts based upon actual consumption of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided as measured by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermLessee’s check meter(s).
Appears in 1 contract
Utilities and Services. Subtenant Tenant shall notbe responsible for determining if the local supplier of water, except with Sublandlord's prior written consentgas and electricity can supply the needs of Tenant and whether or not the existing water, which consent may be withheld in Sublandlord's sole discretiongas and electrical distribution systems within the Building and the Premises are adequate for Tenant’s needs. Tenant shall pay all charges for water, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolinggas, ventilationelectricity, electricity or water and storm and sanitary sewer services as so supplied to the Subleased Premises beyond that usually supplied for general office use; Premises, irrespective of whether or (ii) connect with electric current not the services are maintained in Landlord’s or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existTenant’s name. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Landlord shall not be in default under this Sublease hereunder or be liable for any damages directly or indirectly arising resulting from, nor shall the rent be abated by reason of, any of failure to provide or any reduction in furnish any of the above services foregoing items as a result of (a) accident, breakage or repairs; (b) strikes, lockouts or other labor disturbance or labor dispute of any character; (c) governmental regulation, moratorium or other governmental action; (d) inability, despite the exercise of reasonable diligence, to obtain any of the foregoing utilities if or services; (e) interruption necessary to install or repair facilities in the Building, or (f) any other causes beyond Landlord’s reasonable control. In the event of any failure, stoppage or interruption of such failure utilities or reduction is caused services, Landlord shall diligently attempt to promptly resume the utilities or service in question. Tenant shall provide trash bins (or other adequate garbage disposal facilities) within the trash enclosure areas provided or permitted by the making of repairs or improvements to Landlord outside the Premises or sufficient for the interim disposal of all of its trash, garbage and waste. All such trash, garbage and waste temporarily stored in such areas shall be stored in such a manner so that it is not visible from outside of such areas, and Tenant shall cause such trash, garbage and waste to be regularly removed from the Property at Tenant’s sole cost. Tenant shall at all times keep the Premises, the Building, the installation Common Area and the Property in a clean, safe and neat condition free and clear of all trash, garbage, waste and/or boxes, pallets and containers containing same at all times. Tenant shall contract directly with a janitorial service for the cleaning of the Premises. Tenant shall, at all times during the Lease Term and at its sole cost and expense, regularly clean and continuously keep and maintain in good order, condition and repair all heating ventilating and air conditioning equipment. Tenant, acts of God or if requested to do so by Landlord, shall hire, at Tenant’s sole cost and expense, a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three months) inspect and perform required maintenance on the elementsheating, labor disturbances of any characterventilating and air conditioning equipment and systems serving the Leased Premises, or any other events or conditions whatsoever beyond alternatively, Landlord may, at its election, contract in its own name for such regular and periodic inspections of and maintenance on such heating, ventilating and air conditioning equipment and systems and charge to Tenant, as additional Rent, the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termcost thereof.
Appears in 1 contract
Utilities and Services. Subtenant shall notProvided that Tenant is not in default hereunder, except with Sublandlord's prior written consentLandlord agrees, which consent during the Lease term, to furnish to the Premises during those hours set forth in the Rules and Regulations as defined in Paragraph 31 hereof, and as may be withheld amended in Sublandlord's sole discretionwriting by Landlord from time to time during the term of this Lease and delivered to Tenant, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount reasonable quantities of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or for normal lighting and reasonable numbers of fractional horsepower office machines, water pipes any device or apparatus for lavatory and drinking purposes, heat and air conditioning required in Landlord’s judgment for the purpose comfortable use and occupation of using electrical current or waterthe Premises, except janitorial service (including washing of windows with reasonable frequency as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (idetermined by Landlord) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed elevator service by such apparatus or devices and Subtenant non-attended automatic elevators. Landlord shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentbe liable for, and such determination, made in good faith Tenant shall not be entitled to any abatement or reduction of rent by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay reason of Landlord’s failure to Sublandlord promptly upon demand the cost of furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or labor disputes of any character or interruption or cessation of utilities, including without limitation electrical power, attributable to the provider of such utility or the delivery system for such utility outside the Building and administering samenot under Landlord’s control; or for any other causes. Sublandlord Tenant is expected to use water or electric power as considered reasonable or normal by industry standards for a full service gross office occupancy lease. Landlord may, at its option, request Tenant to pay, as additional rent, the cost, as fairly determined by Landlord (but in no event less than the cost to Landlord), incurred by usage that is proven to surpass reasonable industry standards. In addition, Landlord may install separate meter(s) for the Premises, at Tenant’s sole expense, and Tenant thereafter shall pay all charges of the utility providing service. Landlord shall install and maintain at Landlord’s expense any fire protection equipment including, without limitation, emergency lighting as required by any governmental authority or insurer and if so required, Tenant shall appoint one of Tenant’s personnel to coordinate with the fire protection facilities and personnel of Landlord. Any Building Standard incandescent light bulbs used in the Premises shall be paid for by Landlord and as included as part of operating costs. Upon Tenant’s request, Landlord’s personnel shall install Building Nonstandard incandescent light bulbs or other Building Nonstandard bulbs in the Premises, at Tenant’s expense. Tenant agrees to pay Landlord for the maintenance and cleaning of Building Nonstandard improvements including but not limited to metallic trim, wood floor covering, glass panels, windows, partitions, kitchens and executive washrooms in the Premises. Unless Tenant makes such requests, Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction responsible in any of manner for said maintenance, cleaning and repair. Landlord shall provide to Tenant the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities maintenance and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone set forth on Exhibit “G,” attached hereto and all other materials and services not expressly required to be provided incorporated herein by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreference.
Appears in 1 contract
Sources: Office Lease
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as Exhibit "F", subject to the conditions and in ----------- accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord. Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs, (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control. In addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.
Appears in 1 contract
Sources: Office Building Lease (Virtual Mortgage Network Inc)
Utilities and Services. Subtenant (a) Landlord shall notfurnish, except or cause to be furnished to the Premises, the utilities and services described in Exhibit C attached hereto, subject to the conditions and in accordance with Sublandlord's prior the standards set forth therein and in this Lease.
(b) Tenant agrees to cooperate fully at all times with Landlord and to comply with all non-discriminatory regulations and requirements which Landlord may from time to time prescribe for the use of the utilities and services described herein and in Exhibit C. Landlord shall not be liable to Tenant for the failure of any other tenant, or its assignees, subtenants, employees, or their respective invitees, licensees, agents or other representatives to comply with such regulations and requirements.
(c) If Tenant requires utilities or services in quantities greater than or at times other than that generally furnished by Landlord pursuant to Exhibit C, Tenant shall pay to Landlord, upon receipt of a written statement therefor, Landlord’s actual and reasonable charge for such use. In the event that Tenant shall require additional electric current, water or gas for use in the Premises and if, in Landlord’s judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, subject to the conditions stated below, and Tenant does not withdraw its request within ten (10) days of written notice of such additional installations, Landlord shall proceed to install the same at the sole cost of Tenant, payable upon demand in advance. The installation of such facilities shall be conditioned upon Landlord’s consent, which consent may be withheld in Sublandlord's sole discretion, either: and a determination that the installation and use thereof (i) use any apparatus or device in the Subleased Premises which will increase the amount of coolingshall be permitted by applicable Law and insurance regulations, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current shall not cause permanent damage or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents injury to the use Building or adversely affect the value of the Building or the Project, and (iii) shall not cause or create a dangerous or hazardous condition or interfere with or disturb other tenants in the Building. Subject to the foregoing, Landlord shall, upon reasonable prior notice by Tenant, furnish to the Premises additional elevator, heating, air conditioning and/or connection cleaning services upon such reasonable terms and conditions as shall be determined by Landlord, including payment of Landlord’s charge therefor. As of the Date of this Lease, Landlord’s current charge for “after-hours” heating and air conditioning is $ per hour. In the case of any apparatus additional utilities or device described in clauses (i) services to be provided hereunder, Landlord may require a switch and (ii) above, Sublandlord may install meters or similar monitoring devices metering system to be installed so as to measure the amount of such additional utilities consumed by such apparatus or devices and Subtenant shall pay for the services. The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, repair thereof shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly paid by Tenant upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord demand.
(d) Landlord shall not be in default under this Sublease liable for, and Tenant shall not be entitled to, any damages, abatement or liable for any damages directly reduction of Rent, or indirectly arising from, nor shall the rent be abated other liability by reason of, of any failure to provide or furnish any reduction in any of the above services or utilities if such failure described herein or reduction is in Exhibit C for any reason (other than Landlord’s gross negligence or willful misconduct), including, without limitation, when caused by the making of repairs accident, breakage, repairs, Alterations or other improvements to the Premises Project, strikes, lockouts or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, governmental regulation, moratorium or other governmental action, inability to obtain electricity, water or fuel, or any other events or conditions whatsoever cause beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordLandlord’s control. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily in a reasonable manner with the energy conservation efforts of nationalgovernmental agencies or utility suppliers. No such failure, state stoppage or local governmental bodies interruption of any such utility or utilities suppliers in reducing energy service shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to perform any covenant or agreement under this Lease. In the event of any failure, stoppage or interruption thereof, Landlord shall use reasonable efforts to attempt to restore all services promptly. No representation is made by Landlord with respect to the adequacy or fitness of the Building’s ventilating, air conditioning or other resources consumptionsystems to maintain temperatures as may be required for the operation of any computer, data processing or other special equipment of Tenant. The Tenant hereby waives any applicable existing or future law, ordinance or governmental regulation permitting the termination of this Lease due to an interruption, failure of Sublandlord or inability to provide any services. Notwithstanding anything in this Paragraph 7 to the contrary, if an interruption or cessation of a utility service to the Premises from a cause within the reasonable control of Landlord results in the Premises being unusable by Tenant for the conduct of Tenant’s business, then Basic Annual Rent shall be abated commencing on that date which is five (5) consecutive business days following the date Tenant delivers written notice to Landlord of such interruption and continuing until either such utility service to the Premises is restored or the Premises is again usable for the conduct of Tenant’s business. If, however, Tenant reoccupies any portion of the Premises during such abatement period, the Basic Annual Rent allocable to such reoccupied portion, based on the proportion that the Rentable Area of such reoccupied portion of the Premises bears to the total Rentable Area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to ▇▇▇▇▇ Basic Annual Rent shall be Tenant’s sole and exclusive remedy at law or in equity in the event of an interruption or cessation of a utility service to the Premises.
(e) Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards (including, without limitation, those described in Exhibit C) for utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termservices.
Appears in 1 contract
Sources: Office Lease (Health Net Inc)
Utilities and Services. Subtenant shall notProvided that Tenant is not in default hereunder, except Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in the Rules and Regulations as defined in Paragraph 28 hereof, which consent as may be withheld amended in Sublandlord's sole discretionwriting by Landlord form time to time during the Term of this Lease and delivered to Tenant, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount reasonable quantities of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or for normal lighting and fractional horsepower office machines, water pipes any device or apparatus for lavatory and drinking purposes, heat and air-conditioning required in Landlord's judgment for the purpose comfortable use and occupation of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentPremises, and such determinationelevator service by non-attended automatic elevators. Landlord shall not be liable for, made in good faith and Tenant shall not be entitled to any abatement or reduction of rent by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay reason of Landlord's failure to Sublandlord promptly upon demand the cost of furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, or of any other events causes. It Tenant requires or conditions whatsoever beyond utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its opinion require Tenant to pay, as additional rent, the reasonable control of Sublandlordcost, or rationing or restrictions on as fairly determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the use of said services Premises, at Tenant's sole expense, and utilities due to energy shortages or other causes, whether or not any Tenant thereafter shall pay all charges of the above result from acts utility provided service. Tenant shall cooperate with any present or omissions future government, and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to resume services promptly. Landlord shall at all reasonable times have free access to all mechanical installations of Sublandlordthe Building, including but not limited to air-conditioning equipment and vents, fans, ventilating and machine rooms and electrical closets. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermSee Addendum.
Appears in 1 contract
Sources: Office Lease (Lucys Cafe Inc)
Utilities and Services. Subtenant 17.1 Landlord agrees during the Lease Term to furnish to the Premises Monday through Friday, 8:00 a.m. through 7:00 p.m., holidays excepted, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (which amounts shall not, except be materially consistent with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device the amounts being provided by landlords of comparable buildings in the Subleased San Francisco South of Market area), janitorial service (including washing the exterior of the windows of the Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect on a frequency reasonably determined by Landlord consistent with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (isimilar buildings) and (ii) aboveelevator service by non attended automatic elevators. Except as provided in Paragraph 17.2 below, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant Landlord shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentbe liable for, and such determination, made in good faith Tenant shall not be entitled to any abatement or reduction of rent by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay reason of Landlord’s failure to Sublandlord promptly upon demand the cost of furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, or for other causes beyond Landlord’s reasonable control. Landlord’s cost of providing such services shall be part of Operating Expenses. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other events applicable existing or conditions whatsoever beyond future law, ordinance or governmental regulation permitting the reasonable control termination of Sublandlord, or rationing or restrictions on the use of said services and utilities this Lease due to energy shortages the interruption or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord or inability to provide the utilities and any services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by SublandlordLandlord hereunder. If Tenant requires or utilizes materially more water, electric power or other utility service than is considered typical for general office purposes, which the parties agree shall be 6.0 ▇▇▇▇▇ per square foot (3.5 ▇▇▇▇▇ for wall receptacles, 2.5 ▇▇▇▇▇ for desk top computers and peripherals), Landlord may at its option, require Tenant to pay as additional rent the cost as reasonably estimated by Landlord incurred by such additional or extraordinary usage. In the event Tenant requires HVAC service to the Premises outside of the business hours specified above, Tenant shall pay to Landlord as additional rent the sum of $85.00 per hour for each hour of occupancy outside of the business hours specified above to reimburse Landlord for the electricity costs to operate the HVAC; provided , however, that in the case where Tenant and one or more other tenants shall order after-hours HVAC, the cost payable by Tenant shall be furnished prorated to reflect the area of that portion of the Premises so served and the area of the other tenants’ premises served. Electrical power required in connection with any special air conditioning installed for a “computer room” in the Premises or electric power otherwise required in connection with any such “computer room” shall be considered extraordinary and Tenant shall be charged therefor as and to the extent provided in Paragraph 1.8 above. Tenant shall additionally be responsible for the payment of all electrical costs associated with the studio portion of the Premises, but only to the extent such usage exceeds the electrical consumption which would occur were the studio portion of the Premises devoted to general office use, as defined above. In addition, Landlord may, but shall not be required to, install separate meter(s) for the Premises, or advisory meters, at Tenant’s sole expense, and Tenant thereafter shall pay all charges in excess of the cost of normal office use of such services and Tenant shall not be charged for any share of Operating Expenses with respect to, and to the extent that Tenant pays for, the services that are separately metered. All charges levied against Tenant for extraordinary utility usage, or usage outside the business hours specified above, shall be due and payable thirty (30) days after receipt by Tenant of Landlord’s written invoice detailing such charges. Any incandescent light bulbs used inin the Premises shall be paid for by the Tenant. Upon Tenant’s request, Landlord’s personnel shall install incandescent light bulbs or other Building Nonstandard bulbs in the Premises. Tenant agrees to pay Landlord, within thirty (30) days after receipt by Tenant of Landlord’s written invoice detailing such charges, Landlord’s cost for the maintenance and/or replacement, as applicable, of all such incandescent light bulbs installed or other Building Nonstandard lighting fixtures. Landlord shall provide Tenant access to the Premises on a twenty-four (24) hour per day, seven (7) days per week basis, subject to events beyond Landlord’s reasonable control.
17.2 Notwithstanding anything to the contrary set forth in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises or about any portion thereof, as a result of (a) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to perform as required by this Lease, which substantially interferes with Tenant’s use of the Subleased Premises, (b) any failure to provide services, utilities or access to the Premises as required by this Lease, (c) any other event which is not the result of Tenant’s default hereunder or the negligence or willful misconduct of Tenant or any Tenant Party (any such set of circumstances as set forth in items (a), (b) or (c), above, to be known as an “Abatement Event”), then Tenant shall give Landlord notice of such Abatement Event, and if such Abatement Event continues for five (5) consecutive business days after Landlord’s receipt of any such notice (the “Eligibility Period”), the Base Rent and Operating Rent, and Tenant’s obligation to pay for parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use for the normal conduct of Tenant’s business, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided, however, in the event that Tenant is prevented from using, and does not use, a portion of the Premises for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Base Rent and Operating Rent for the entire Premises and Tenant’s obligation to pay for parking shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. If, however, Tenant reoccupies any portion of the Premises during such period, the Sublease TermRent allocable to such reoccupied portion, based on the proportion that the rentable area of such reoccupied portion of the Premises bears to the total rentable area of the Premises, shall be payable by Tenant from the date Tenant reoccupies such portion of the Premises. Such right to ▇▇▇▇▇ Base Rent and Operating Rent, and Tenant’s obligation to pay for parking shall be Tenant’s sole and exclusive remedy for rent abatement at law or in equity for an Abatement Event. Except as provided in this Section 19.5.2, nothing contained herein shall be interpreted to mean that Tenant is excused from paying Rent due hereunder.
17.3 If, as a result of an Abatement Event, Tenant is prevented from using, and does not use, the Premises, for a continuous period of six (6) months after Landlord’s receipt of an applicable Abatement Event notice, then Tenant shall have the right to terminate this Lease by notice to Landlord (the “Abatement Event Termination Notice”), effective as of a date set forth in the Abatement Event Termination Notice (the “Abatement Event Termination Date”), which Abatement Event Termination Date shall not be less than ten (10) business days following the date such Abatement Event Termination Notice was delivered to Landlord. Notwithstanding anything set forth to the contrary in this Section 17.3, Tenant shall have the right to terminate this Lease under this Section 17.3 only if Tenant is not then in economic or material non-economic default under this Lease beyond any applicable notice and cure period expressly set forth in this Lease.
Appears in 1 contract
Sources: Office Lease (Current Media, Inc.)
Utilities and Services. Subtenant shall notLandlord agrees to furnish, except with Sublandlord's prior written consentor cause to be furnished, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or waterutilities and services described in EXHIBIT F attached hereto, except as such connections now exist. If Sublandlord consents subject to the conditions and in accordance with the standards set forth therein and in this Section 29. Except as provided EXHIBIT F and in this Section 29, Tenant shall arrange for all utilities and services which it shall require in connection with its use and/or connection or occupancy of any apparatus or device described in clauses (i) the Premises and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost same, together with any taxes, penalties, surcharges or the like pertaining thereto. Without limitation, but subject to Landlord's performance of all work Landlord's Work, Tenant shall have sole re▇▇▇▇▇▇▇▇lity for arranging for the provision of electricity and materials required for gas to the Premises from the applicable utility company, and Landlord shall have no responsibility to provide the same. As part of the Tenant Improvements, separate meters shall be installed in the Premises, or elsewhere in the Building as Landlord shall elect, to measure the electricity and gas, respectively, consumed in the Premises and by the HVAC equipment serving the Premises, and Tenant shall pay the costs of such electricity and gas directly to the utility providers. If at any time during the Term such direct arrangements shall not be permitted by Legal Requirements or if. Landlord shall otherwise require, Tenant, at its expense (or, at Landlord election, Landlord, at Tenant's expense) shall install a submeter to
30. measure such electrical consumption and Tenant shall pay the costs of such electrical consumption to Landlord. In any case, the costs of such meter or submeter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, repair thereof shall be conclusive on Subtenantpaid for by Tenant (except to the extent Landlord's Contribution pursuant to EXHIBIT B is utilized for the same). Subtenant In the case of all water and other utilities or services which are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as reasonably determined by Landlord, of all charges of providing the same to Sublandlord promptly upon demand the cost of any excess use of utilities Premises and resources other premises. Landlord may estimate all charges payable by Tenant to Landlord pursuant to this Section 29 and require Tenant to pay the same in monthly installments based on such estimates in the rates charged by same manner as provided pursuant to Section 5.c. with respect to Operating Expenses. Such charges and payments shall also be subject to annual reconciliation in the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering samesame manner as provided pursuant to Section 5.c. Sublandlord with respect to Operating Expenses. Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising resulting from, nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason of, nor shall any failure to provide constructive eviction of Tenant shall result from, (a) the installation, use or interruption of use of any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, Real Property. In the installation of equipment, acts of God or the elements, labor disturbances event of any characterfailure, stoppage or interruption in any other events utilities or conditions whatsoever beyond services which Landlord is obligated to provide pursuant to EXHIBIT F, Landlord shall use its diligent efforts to cause the reasonable control provision of Sublandlord, such utilities or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlordbe resumed. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption. The failure of Sublandlord Landlord's obligation to provide the make utilities and services specified in this Section available hereunder shall not constitute a constructive or other eviction be subject to the limitations of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.
Appears in 1 contract
Sources: Net Lease (Leapfrog Enterprises Inc)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond Provided that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects Tenant is not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease Lease, Land▇▇▇▇ ▇▇▇ees to furnish or liable for any damages directly or indirectly arising from, nor shall the rent cause to be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified described in the Standards for Utilities and Services, attached hereto as EXHIBIT "D", subject to the conditions and in accordance with the standards set forth therein. Landlord's failure to furnish any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlord's reasonable control, shall not result in any liability to Landlord. In addition, Tenant shall not be entitled to any abatement or reduction of rent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Section Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall not constitute a constructive diligently attempt to resume service promptly. If Tenant requires or other eviction of Subtenantutilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. Subtenant In addition, Landlord may install separate meter(s) for the Premises at Landlord's sole expense, and Tenant thereafter shall pay all charges of the utility providing service and Landlord shall make an appropriate adjustment to account for the fact Tenant is directly paying such metered charges. * (with reasonable prior notice to delinquency Tenant for all telephone non-routine repairs and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.maintenance)
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Utilities and Services. Subtenant A. Landlord shall notfurnish to the Premises, except during reasonable hours determined by Landlord and subject to applicable laws and the rules and regulations of the Building, electricity suitable for general office use (provided, however, that Tenant shall not at any time have a connected electrical load for lighting purposes in excess of one watt per square foot of the Premises or a connected load for all other power requirements in excess of two ▇▇▇▇▇ per square foot of the Premises, and further provided that Tenant will comply with Sublandlord's prior written consentall directives of Landlord related to energy conservation), janitorial service, building heating and elevator service. Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which consent Landlord may prescribe for the proper functioning and protection of the Building’s heating systems if any.
B. Landlord shall not be withheld liable for, and Tenant shall not be entitled to, any abatement or reduction of any amounts owing hereunder by reason of Landlord’s failure to furnish any of the foregoing utilities and/or services when such failure is caused by accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord including, without limitation, any governmental energy conservation program, and any such failure shall not constitute or be construed as a constructive or other eviction of Tenant. In the event any governmental entity promulgates or revises any law applicable to the Building, or any part thereof, relating to the use or conservation of energy, water, gas, light, or electricity, or relating to the reduction of automobile or other emissions, or the provision of any other utility or service provided with respect to this Lease, or in Sublandlord's the event Landlord makes improvements to the Building or any part thereof in order to comply with such a law, whether the law is mandatory or voluntary, Landlord may, in its sole discretion, either: comply with such law or make such improvements to the Building or any part thereof related thereto. Such compliance and the making of such improvements shall in no event entitle Tenant to any damages, relieve Tenant of the obligation to pay Rent or any other amounts reserved or payable hereunder, or constitute or be construed as a constructive or other eviction of Tenant.
C. Landlord makes no representation regarding the adequacy or fitness of the heating or ventilation equipment in the Building to maintain temperatures that may be required for any equipment of Tenant, and Landlord shall have no liability for damage suffered by Tenant or others in connection therewith. Wherever, as the result of (i) the heat-generating machines or equipment; (ii) the lights; (iii) the occupancy of the Premises by more than one person per 100 square feet of net rentable area therein; (iv) an electrical load for lighting or power in excess of the limits per square foot of the Premises specified herein; or (v) any rearrangement of partitioning or other improvements, the Building heating and ventilation system supplied by Landlord is affected, Landlord shall have the right (but not the obligation) to install or cause the installation of supplementary heating and ventilation units or other equipment in the Premises. On demand, Tenant shall pay for all such supplementary services and utilities, and shall pay the costs of installation and maintenance of such supplementary equipment.
D. Tenant will not operate its business in such a way or use any apparatus or device in the Subleased Premises which as will increase the amount of cooling, ventilation, electricity or water usually furnished or supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus by Landlord for the purpose of using electrical current the Premises for general office use during regular business hours, or waterconnect with electric current, except as such connections now exist. If Sublandlord consents to through existing electrical outlets in the use and/or connection of Premises, or connect with water pipes, any apparatus or device described for the purpose of using electric current or water. If Tenant shall require water or electric current in clauses (i) excess of that customarily furnished or supplied to other tenants of the Building for use of their premises for general office purposes during regular business hours, Tenant shall first procure the consent of Landlord, which Landlord in its sole discretion may refuse, to the use thereof, and (ii) above, Sublandlord Landlord may install meters cause an electric-current or similar monitoring devices water meter to be installed in the Premises so as to measure the amount of utilities excess electric current or water so consumed by Tenant. The costs of any such apparatus or devices meter and Subtenant of the installation and maintenance thereof shall be borne by Tenant. Tenant agrees to pay for to Landlord promptly upon notice thereof the cost costs of all work such excess water and materials required for electric current consumed, as shown by said meters, at the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the highest marginal rates charged Landlord for such services by the local public utility company or other supplier furnishing the same, plus any additional expense incurred by Sublandlord Landlord in providing such excess current and/or keeping account of the foregoing excess electric current or water so consumed.
E. Tenant acknowledges that during non-business hours, weekends and administering same. Sublandlord shall Building holidays, as the same may be designated by Landlord from time to time, public access to the Building may be limited and heating, janitorial and other normal building services will not be in default under this Sublease provided or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to may be provided by Sublandlord, which may be furnished on a limited or “additional cost to or used in, on or about the Subleased Premises during the Sublease Termtenant” basis.
Appears in 1 contract
Utilities and Services. Subtenant Tenant shall notarrange for all telephone, except with Sublandlord's prior written consentwater, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilationgas, electricity and other power and utilities which it shall require in connection with its use or water supplied to occupancy of the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required same, together with any taxes, penalties, surcharges or the like pertaining thereto. Landlord shall have no obligation to furnish any utilities or services to the Premises or any equipment providing for the installationsame. Without limitation, maintenance Tenant shall be solely responsible for providing such heating, ventilation and use air conditioning ("HVAC") to the Premises as Tenant shall require for the comfortable occupancy thereof. Any equipment or systems which Tenant shall require in order to supply HVAC shall be subject to the provisions of such meters Section 9 above. Tenant shall obtain, at its expense all electric light bulbs, ballasts and monitoring devicestubes as it shall require for the Premises. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing utilities or services are not separately metered to Tenant, Tenant shall pay a reasonable proportion, as determined by Landlord, of all charges jointly serving the Premises and administering sameother premises. Sublandlord Landlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, resulting from nor shall the rent Base Rent, Operating Expenses or any other monies owed by Tenant to Landlord under this Lease be abated or reduced by reason ofof (a) the installation, use or interruption of use of any failure to provide or any reduction equipment used in connection with the furnishing of any of the above foregoing utilities and services, (b) failure to furnish or delay in furnishing any such utilities or services for any reason whatsoever, or utilities if such failure (c) the limitation, curtailment, rationing or reduction is caused by the making restriction on use of repairs water, electricity, gas or improvements to any other form of energy or any other service or utility whatsoever serving the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of SublandlordReal Property. Furthermore, Sublandlord Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental bodies government agencies or utilities utility suppliers in reducing energy or other resources resource consumption, provided that the majority of the owners of comparable business parks in the Comparable Market are also so cooperating. The failure obligation to make services available hereunder shall be subject to the limitations of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlordany such voluntary, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termreasonable program.
Appears in 1 contract
Utilities and Services. Subtenant shall notProvided that Tenant is not in default hereunder, except Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in the Rules and Regulations as defined in Paragraph 28 hereof, which consent as may be withheld amended in Sublandlord's sole discretionwriting by Landlord from time to time during the Term of this Lease and delivered to Tenant, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount reasonable quantities of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or for normal lighting and fractional horsepower office machines, hot and cold water pipes any device or apparatus for lavatory and drinking purposes, heat and air conditioning for the purpose comfortable use and occupation of using electrical current or waterthe Premises, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentjanitorial service, and such determinationelevator service by non-attended automatic elevators provided that Landlord is not negligent. Landlord shall not be liable for, made in good faith and ▇▇▇▇▇▇ shall not be entitled to any abatement or reduction of rent by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay reason of Landlord’s failure to Sublandlord promptly upon demand the cost of furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, strikes, lockouts or improvements to the Premises or the Building, the installation of equipment, acts of God or the elements, other labor disturbances or labor disputes of any character, or for any other events causes consistent with other institutional first class office buildings in the Sacramento Area. If Tenant requires or conditions whatsoever beyond utilizes more water or electrical power than is considered reasonable or normal by Landlord. Landlord may at its option require Tenant to pay, an additional rent, the reasonable control of Sublandlordcost as fairly determined by Landlord, or rationing or restrictions on incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the use of said services Premises, at Landlord’s sole expense, and utilities due to energy shortages or other causes, whether or not any Tenant thereafter shall pay all charges of the above result from acts utility providing service. Tenant shall cooperate with any present or omissions future government, and with any conservation practices established by Landlord. If there is any failure, stoppage or interruption thereof, Landlord shall use reasonable diligence to resume services promptly. Landlord shall at all reasonable times have free access to all mechanical installations of Sublandlordthe Building, including but not limited to air conditioning equipment and vents, fans, ventilat and machine rooms and electrical closets. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Term.See Addendum
Appears in 1 contract
Utilities and Services. Subtenant shall notThroughout the Term of the Lease so long as the Premises are occupied, except Landlord agrees to furnish or cause to be furnished to the Premises the utilities and services described in the Standards for Utilities and Services attached hereto as EXHIBIT "F" subject to the conditions and in accordance with Sublandlordthe standards set forth therein. Landlord may require Tenant from time to time to provide Landlord with a list of Tenant's prior written consent, employees and/or agents which consent are authorized by Tenant to subscribe on behalf of Tenant for any additional services which may be withheld in Sublandlordprovided by Landlord, Any such additional services will be provided to Tenant at Tenant's sole discretion, eithercost. Landlord will not be liable to Tenant for any failure to furnish any of the foregoing utilities and services if such failure is caused by all or any of the following: (i) use accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any apparatus character; (iii) governmental regulation, moratorium or device in other governmental action or inaction; (iv) inability despite the Subleased Premises which will increase the amount exercise of coolingreasonable diligence to obtain electricity, ventilation, electricity water or water supplied to the Subleased Premises beyond that usually supplied for general office usefuel; or (iiv) connect with electric current or water pipes any device or apparatus for other cause beyond Landlord's reasonable control, in addition, in the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection event of any apparatus stoppage or device described in clauses (i) and (ii) aboveinterruption of services or utilities, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord Tenant shall not be entitled to any abatement or reduction of rent (except as expressly provided in default under this Sublease Subparagraphs 20(f) or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities 21(b) if such failure results from a damage or reduction taking described therein), no eviction of Tenant will result from such failure and Tenant will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord agrees to diligently attempt to resume service promptly. If Tenant requires or utilizes more water or electrical power than is caused considered reasonable or normal by the making of repairs or improvements Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as additional rent, the installation of equipmentcost, acts of God or as fairly determined by Landlord, incurred by such extraordinary usage and/or Landlord may install separate meter(s) for the elementsPremises, labor disturbances of any characterat Tenant's sole expense, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due Tenant agrees thereafter to energy shortages or other causes, whether or not any pay all charges of the above result from acts or omissions utility providing service and Landlord will make an appropriate adjustment to Tenant's Operating Expenses calculation to account for the fact Tenant is directly paying such metered charges, provided Tenant will remain obligated to pay its proportionate share of Sublandlord. Furthermore, Sublandlord shall be entitled Operating Expenses subject to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termsuch adjustment.
Appears in 1 contract
Sources: Office Building Lease (Ijnt Net Inc)
Utilities and Services. Subtenant shall not(a) Provision of Utilities to the Premises: Throughout the Term of the Lease so long as the Premises are occupied, except with Sublandlord's prior written consentLessor agrees to furnish or cause to be furnished to the Premises the utilities and services described in this Paragraph 17 below. Lessor will not be liable to Lessee for any failure to furnish any of the foregoing utilities and services if such failure, which consent may be withheld in Sublandlord's sole discretion, eitheris caused by all or any of the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Lessor’s reasonable control. In addition, in the event of any stoppage or interruption of services or utilities, Lessee shall not be entitled to any abatement or reduction of rent (except as expressly provided in Subparagraphs 20(f) or 21(b) if such failure results from a damage or taking described therein, or except if Lessor has rental insurance that covers such stoppage or interruption), no eviction of Lessee will result from such failure and Lessee will not be relieved from the performance of any covenant or agreement in this Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Lessor agrees to diligently attempt to resume service promptly. If Lessee requires or utilizes more water or electrical power than is normal in northern San Mateo County for general office use, Lessor may at its option require Lessee to pay, as additional rent, the cost, as fairly determined by Lessor, incurred by such extraordinary usage. If Lessor and Lessor so agree, Lessor may install separate meter(s) for the Premises, at Lessee’s expense, and Lessee agrees thereafter to pay the cost of all such utility service to the Premises, and Lessor will make an appropriate adjustment to Lessee’s Operating Expenses calculation to account for the fact Lessee is directly paying such metered charges, provided Lessee will remain obligated to pay its proportionate share of Operating Expense subject to such adjustment.
(b) Standards for Utilities and Services: The following standard for utilities and services are in effect. Lessor reserves the right to adopt nondiscriminatory modifications and additions hereto. Subject to the terms and conditions of the Lease and provided Lessee remains in occupancy of the Premises, Lessor will provide or make available the following utilities and services:
(i) On Monday through Friday, except holidays recognized by businesses generally, from 8:00 a.m. to 6:00 p.m. (and other times for a charge of $35.00 per hour), ventilate the Premises and furnish air conditioning or heating on such days and hours, when in the reasonable judgment of Lessor it may be required for the comfortable occupancy of the Premises, provided that Lessor’s HVAC system has the capability to provide ventilation only, and if ventilation only is provided after hours at Lessee’s request, no charge will be made for such service. Lessee agrees to cooperate fully at all times with Lessor, and to abide by all reasonable regulations and requirements which Lessor may prescribe for the proper function and protection of said air conditioning system. Lessee agrees not to connect any apparatus, device, conduit or pipe to the chilled and hot water air conditioning supply lines of the Building. Lessee further agrees that neither Lessee nor its servants, employees, agents, visitors, licensees or contractors shall at any time enter the mechanical installations or facilities of the Building or the Project or adjust, tamper with, touch or otherwise in any manner affect said installations or facilities. The cost of maintenance and service calls to adjust and regulate the air conditioning system will be charged to Lessee if the need for maintenance work results from either Lessee’s adjustment of room thermostats or Lessee’s failure to comply with its obligations under this section. Power and cooling loop to equipment provided by Lessee for dedicated cooling of server room shall be available 24/7 without additional charge.
(ii) Lessor will make available to the Premises, 24 hours per day, seven days a week, electric current as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computer and word processing equipment in an amount not to exceed six (6) ▇▇▇▇▇ per square foot per normal business day. Lessee agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Lessor monthly for the measured consumption at the average cost per kilowatt hour charged to the building during the period. If a separate meter is not installed at Lessee’s cost, such excess cost will be established by an estimate agreed upon by Lessor and Lessee, and if the parties fail to agree, such cost will be established by an independent licensed engineer selected in Lessor’s reasonable discretion, whose fee shall be shared equally be Lessor and Lessee. Lessee agrees not to use any apparatus or device in, upon or about the Premises (other than standard office business machines, personal computers and work processing equipment) which may in the Subleased Premises which will anyway increase the amount of cooling, ventilation, electricity such services usually furnished or water supplied to the Subleased Premises beyond that usually supplied for general office use; said Premises, and Lessee further agrees not to connect any apparatus or (ii) connect device with electric current wires, conduits or water pipes any device pipes, or apparatus other means by which such services are supplied, for the purpose of using electrical additional or unusual amounts of such services without the written consent of Lessor. Should Lessee use the same to excess, the refusal on part of Lessee to pay upon demand of Lessor the amount established by Lessor for such excess charge will constitute a breach of the obligation to pay rent under this Lease and will entitle Lessor to the rights therein granted for such breach. Lessee’s use of electric current will never exceed the capacity of the feeders to the Building, or waterthe risers or wiring installation and Lessees will not install or use or permit the installation of use of any computer or electronic data processing equipment in the Premises (except standard office business machines, except as such connections now existpersonal computers and word processing equipment) without the prior written consent of Lessor. If Sublandlord Lessor hereby consents to Lessee’s computer server room.
(iii) Water will be available in public areas for drinking and lavatory purposes only, but if Lessee requires, uses or consumes water for any purpose in addition to ordinary drinking and lavatory purposes, of which fact Lessee constitutes Lessor to be the use and/or connection of any apparatus or device described in clauses (i) and (ii) abovesole judge, Sublandlord Lessor may install meters or similar monitoring devices a water meter and thereby measure Lessee’s water consumption for all purposes. Lessee agrees to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay Lessor for the cost of all work the meter and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use the installation thereof and throughout the duration of utilities Lessee’s occupancy Lessee will keep said meter and resources based on the rates charged by the local public utility company or other supplier furnishing sameinstallation equipment in good working order and repair at Lessee’s own cost and expense, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease of which Lessor may cause such meter and equipment to be replaced or liable repaired and collect the cost thereof from Lessee. Lessee agrees to pay for any damages directly water consumed, as shown on such meter, as and when bills and rendered, and on default in making such payment, Lessor may pay such charges and collect the same from Lessee. Any such costs or indirectly arising fromexpenses incurred, nor shall the rent be abated or payments made by reason of, any failure to provide or any reduction in Lessor for any of the above services reasons or utilities if purposes hereinabove stated will be deemed to be additional rent payable by Lessee and collectible by Lessor as such.
(iv) Lessor will provide janitorial service to the Premises, and unless otherwise agreed to by Lessor and Lessee, no one other than persons approved by Lessor shall be permitted to enter the Premises for such failure purposes. Janitorial service will be provided of the character and frequency provided in first class office buildings in northern San Mateo County. Lessee agrees to pay to Lessor the cost of removal of any of Lessee’s refuse and rubbish to the extend that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices.
(v) Lessor reserves the right to stop service of the plumbing, ventilation, air conditioning and electrical systems, when necessary, by reason of accident or reduction is caused by emergency or for repairs, alterations or improvements, when in the making judgment of repairs Lessor such actions are desirable or necessary to be made, until said repairs, alterations or improvements shall have been completed, and Lessor will have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilating, air conditioning or electric service, when prevented from so doing by strike or accident or by any cause beyond Lessor’s reasonable control, or by laws, rules orders, ordinances, directions, regulations or by reason of the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances requirements of any characterfederal, state, county or municipal authority or failure of gas, oil or other suitable fuel supply or inability by exercise of reasonable diligence to obtain gas, oil or other suitable fuel supply. It is expressly understood and agreed that any covenants on Lessor’s part to furnish any services pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Lessee, will not be deemed breached if Lessor is unable to furnish or perform the same by virtue of a strike of labor trouble or any other events or conditions cause whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease TermLessor’s control.
Appears in 1 contract
Sources: Office Lease (Ign Entertainment Inc)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond Provided that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects Tenant is not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease Lease, Landlord agrees to furnish or liable for any damages directly or indirectly arising from, nor shall the rent cause to be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified described in the Standards for Utilities and Services, attached hereto as EXHIBIT "D” subject to the conditions and in accordance with the standards set forth therein. Landlord's failure to furnish any of the foregoing items when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or by (v) any other cause beyond Landlord's reasonable control, shall not result in any liability to Landlord. In addition, Tenant shall not be entitled to any abatement or reduction of rent by reason of such failure, no eviction of Tenant shall result from such failure and Tenant shall not be relieved from the performance of any covenant or agreement in this Section Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall not constitute a constructive diligently attempt to resume service promptly. If Tenant requires or other eviction of Subtenantutilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to pay, as additional rent, the cost, as fairly determined by Landlord, incurred by such extraordinary usage. Subtenant In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay prior all charges of the utility providing service and Landlord shall make an appropriate adjustment to delinquency account for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased fact Tenant is directly paying such metered charges. The Premises during the Sublease Termare separately metered.
Appears in 1 contract
Utilities and Services. Subtenant shall notProvided that no Event of Default has occurred and is continuing, except Landlord agrees to furnish to the Premises during reasonable hours of generally recognized business days, subject to the conditions and in accordance with Sublandlord's prior written consentthe standards set forth in the Rules and Regulations, which consent as may be withheld amended in Sublandlordwriting by Landlord from time to time during the Term of this Lease and delivered to Tenant, reasonable quantities of electric current for normal lighting and fractional horsepower office machines, water for lavatory and drinking purposes, heat and air conditioning required in Landlord's sole discretionjudgment for the comfortable use and occupation of the Premises, either: (i) use any apparatus or device janitorial service, and to the extent provided in the Subleased Premises which will increase the amount of coolingBuilding only, ventilation, electricity or water supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existelevator service by non-attended automatic elevators. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the The cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgmentservices shall be included within the definition of Project Expenses, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenantpaid by Tenant in the manner set forth in Section 7.1. Subtenant Landlord shall pay not be liable for, and Tenant shall not be entitled to Sublandlord promptly upon demand the cost any abatement or reduction of Rent by reason of Landlord's failure to furnish any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if when such failure or reduction is caused by the making of repairs accident, breakage, repairs, Unavoidable Delay or improvements for any other causes. If Tenant requires or utilizes more water or electrical power than is considered reasonable or normal by Landlord, Landlord may at its option require Tenant to the Premises or the Buildingpay, as Additional Rent, the installation cost, as reasonably determined by Landlord, incurred by such extraordinary usage. In addition, Landlord may install separate meter(s) for the Premises, at Tenant's sole expense, and Tenant thereafter shall pay all charges of equipmentthe metered service. Tenant shall cooperate with any present or future government conservation requirements and with any conservation practices established by Landlord. If there is any failure, acts of God stoppage or the elements, labor disturbances interruption of any characterservices provided hereunder, or any other events or conditions whatsoever beyond the Landlord shall use reasonable control of Sublandlord, or rationing or restrictions on the use of said diligence to resume services and utilities due promptly. Landlord shall at all times have free access to energy shortages or other causes, whether or not any all mechanical installations of the above result from acts or omissions of Sublandlord. FurthermoreBuilding and Premises, Sublandlord shall be entitled including but not limited to cooperate voluntarily in a reasonable manner with the efforts of nationalair conditioning equipment and vents, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities fans, ventilating and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant shall pay prior to delinquency for all telephone machine rooms and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termelectrical closets.
Appears in 1 contract
Sources: Office Lease (Noosh Inc)
Utilities and Services. Subtenant 19.1 Tenant shall pay to Landlord, each month as Additional Rent, the Electric Payment Amount. The Electric Payment Amount shall be increased to the extent that Tenant’s usage or the cost to Landlord of providing electricity increases over the Base Year. In addition, and notwithstanding anything in this Section 19 to the contrary, to the extent (a) the same exceed the Base Year costs, (b) the same are incurred for Tenant’s activities in the Premises outside of Business Hours or (c) Tenant is otherwise liable therefor pursuant to this Section 19, Tenant shall pay for all gas, heat and other utilities supplied to the Premises (provided that light and power are included in the Electric Payment amount, as the same may be increased pursuant to this lease), together with any fees, surcharges and taxes thereon (each a “Utility” collectively, the “Utilities”). If any such Utility is not separately metered to Tenant, to the extent the same exceed the Base Year costs, Tenant shall pay a reasonable proportion (to be determined by Landlord) of all charges of such Utility jointly metered with other premises as part of Tenant’s Operating Expense Obligation or, in the alternative, Landlord may, at its option, monitor the usage of such Utilities by Tenant and charge Tenant with the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Tenant as Additional Rent.
19.2 Landlord shall not be liable for, nor shall any eviction of Tenant result from the failure to furnish any such utility or service, whether or not such failure is caused by accident; breakage; repair; force of nature; act of God; act of terrorism; strike, lockout or other labor disturbance or labor dispute of any character; governmental regulation, moratorium or other governmental action; or Landlord’s inability, despite the exercise of reasonable diligence or by any other cause, including Landlord’s gross negligence, to furnish any such utility or service (collectively, “Force Majeure”). In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease.
19.3 Tenant shall pay for, prior to delinquency of payment therefor, any Utilities and services that may be furnished to the Premises during (to the extent Tenant is liable therefor under this Section 19) or, if Tenant occupies the Premises after the expiration or earlier termination of the Term, after the Term.
19.4 Tenant shall not, except with Sublandlord's without Landlord’s prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which (including, without limitation, data processing machines) that will in any way (a) increase the amount of coolingventilation, ventilationair exchange, gas, steam, electricity or water beyond the existing capacity of the Building as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share as usually furnished or supplied for the use set forth in Section 2.2 or (b) exceed Tenant’s Pro Rata Share of the capacity to provide such utilities or services.
19.5 If Tenant shall require Utilities or services in excess of those usually furnished or supplied for tenants in similar spaces in the Building by reason of Tenant’s equipment or extended hours of business operations, then Tenant shall first procure Landlord’s consent for the use thereof, which consent Landlord may condition upon the availability of such excess Utilities or services, and Tenant shall pay as Additional Rent an amount equal to the cost of providing such excess utilities and services.
19.6 Utilities and services provided by Landlord to the Premises shall be paid by Tenant directly to the supplier of such Utility or service, except as this Lease expressly provides.
19.7 Landlord shall provide water in Common Areas for lavatory purposes only; provided, however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other than ordinary lavatory purposes, Landlord may install a water meter and thereby measure Tenant’s water consumption for all purposes. Tenant shall pay Landlord for the costs of such meter and the installation thereof and, throughout the duration of Tenant’s occupancy of the Premises, Tenant shall keep said meter and installation equipment in good working order and repair at Tenant’s sole cost and expense. If Tenant fails to so maintain such meter and equipment, Landlord may repair or replace the same and shall collect the costs therefor from Tenant. Tenant agrees to pay for water consumed, as shown on said meter, as and when bills are rendered. If Tenant fails to timely make such payments, Landlord may pay such charges and collect the same from Tenant. Any such costs or expenses incurred, or payments made by Landlord for any of the reasons or purposes hereinabove stated, shall be deemed to be Additional Rent payment by Tenant and collectible by Landlord as such.
19.8 Landlord reserves the right to stop service of the elevator, plumbing, ventilation, air conditioning and electric systems, when Landlord deems necessary or desirable, due to accident, emergency or the need to make repairs, alterations or improvements, until such repairs, alterations or improvements shall have been completed, and Landlord shall further have no responsibility or liability for failure to supply elevator facilities, plumbing, ventilation, air conditioning or electric service when prevented from doing so by Force Majeure or a failure by a third party to deliver gas, oil or another suitable fuel supply, or Landlord’s inability by exercise of reasonable diligence to obtain gas, oil or another suitable fuel. Without limiting the foregoing, it is expressly understood and agreed that any covenants on Landlord’s part to furnish any service pursuant to any of the terms, covenants, conditions, provisions or agreements of this Lease, or to perform any act or thing for the benefit of Tenant, shall not be deemed breached if Landlord is unable to furnish or perform the same by virtue of Force Majeure.
19.9 Subject to the provisions of this Article 19, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the purposes permitted under this Lease. Except for electric energy required to operate motors on the air handlers providing HVAC (the “HVAC Electric”), such electric energy shall be furnished through a meter or meters and related equipment, installed, serviced, maintained, monitored, and as appropriate from time to time upgraded by Landlord at Tenant’s expense, measuring the amount of electric energy furnished to the Premises. Tenant shall pay for electric energy (for which it is liable for payment under this Section 19) in accordance with Section 19.1 and Article 51 within ten (10) days after receipt of any bills related thereto. The amount charged for electric energy furnished to the Premises, excluding HVAC Electric (“Basic Electric”) shall be 105% of Landlord’s cost including, without limitation, those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to Landlord by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level. Tenant and its authorized representatives may have access to such meter or meters (if any) on at least three (3) days’ notice to Landlord, for the purposes of verifying Landlord’s meter readings (if any). From, time to time during the Term of this lease, Landlord may, in its sole discretion, install or eliminate, or increase or reduce the number of, such meters or vary the portions of the Premises which they serve or replace any or all of such meters.
19.10 If pursuant to any Applicable Laws, the charges to Tenant pursuant to Section 19.9 shall be reduced below that to which Landlord is entitled under such Section, the deficiency shall be paid by Tenant within ten (10) days after being billed therefor, as additional rent for the use and maintenance of the electric distribution system of the Building.
19.11 Landlord shall not be liable in any event to Tenant for any failure or defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Building with electric energy or for any other reason not attributable solely to Landlord’s willful misconduct or gross negligence.
19.12 Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and Tenant shall pay to Landlord or its designated contractor upon demand the then established charges therefor of Landlord or its designated contractor, as the case may be. Tenant may elect, by written notice to Landlord, to furnish and install such replacement lighting tubes, lamps, bulbs and ballasts.
19.13 Tenant’s use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building’s distribution of electricity via the Building’s electric system, Tenant shall not, without Landlord’s prior consent in each instance (which shall not be unreasonably withheld, based upon availability of electric energy in the Building as allocated by Landlord to various areas of the Building) connect any fixtures, appliances or equipment (other than normal business machines) to the Building’s electric system or make any alterations or additions to the electric system of the Premises existing on the date hereof. Should Landlord grant such consent, all additional risers, distribution cables, or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand (or, at Tenant’s option, shall be provided by Tenant pursuant to plans and contractors approved by Landlord, and otherwise in accordance with the provisions of the Lease). Landlord shall have the right to require Tenant to pay sums on account of such cost prior to the installation of any such risers or equipment.
19.14 If required by any Applicable Laws, Landlord, upon at least sixty (60) days’ notice to Tenant, may discontinue Landlord’s provision of electric energy hereunder. If Landlord discontinues provision of electric energy pursuant to this Section, Tenant shall not be released from any liability under this Lease, except that as of the date of such discontinuance, Tenant’s obligation to pay Landlord Additional Charges under Section 19.9 for electric energy thereafter supplied to the Subleased Premises beyond that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now existshall cease. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use As of such meters and monitoring devices. If Sublandlord elects not date, Landlord shall permit Tenant to install a special meter or monitoring device, Sublandlord shall determine receive electric energy directly from the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default under this Sublease or liable for any damages directly or indirectly arising from, nor shall the rent be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements supplying electric energy to the Premises or the BuildingProject, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified in this Section shall not constitute a constructive or other eviction of Subtenant. Subtenant Tenant shall pay prior to delinquency for all telephone costs and all other materials and services not expressly required to be provided by Sublandlord, which expenses of obtaining such direct electrical service. Such electric energy may be furnished to or used inTenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purpose. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be furnished and installed by Landlord at Landlord’s expense (which shall constitute an Operating Expense, amortized on or about a straight line basis over the Subleased Premises during useful life of the Sublease Termitems in question, as reasonably determined by Landlord).
Appears in 1 contract
Sources: Lease Agreement (Epicept Corp)
Utilities and Services. Subtenant shall not, except with Sublandlord's prior written consent, which consent may be withheld in Sublandlord's sole discretion, either: (i) use any apparatus or device in the Subleased Premises which will increase the amount of cooling, ventilation, electricity or water supplied to the Subleased Premises beyond Provided that usually supplied for general office use; or (ii) connect with electric current or water pipes any device or apparatus for the purpose of using electrical current or water, except as such connections now exist. If Sublandlord consents to the use and/or connection of any apparatus or device described in clauses (i) and (ii) above, Sublandlord may install meters or similar monitoring devices to measure the amount of utilities consumed by such apparatus or devices and Subtenant shall pay for the cost of all work and materials required for the installation, maintenance and use of such meters and monitoring devices. If Sublandlord elects Tenant is not to install a special meter or monitoring device, Sublandlord shall determine the amount of additional utilities and resources consumed by such apparatus or device based upon Sublandlord's reasonable estimates and best judgment, and such determination, made in good faith by Sublandlord, shall be conclusive on Subtenant. Subtenant shall pay to Sublandlord promptly upon demand the cost of any excess use of utilities and resources based on the rates charged by the local public utility company or other supplier furnishing same, plus any additional expense incurred by Sublandlord in keeping account of the foregoing and administering same. Sublandlord shall not be in default past any ---------------------- applicable cure period under this Sublease Lease, Landlord agrees to furnish or liable for any damages directly or indirectly arising from, nor shall the rent cause to be abated by reason of, any failure to provide or any reduction in any of the above services or utilities if such failure or reduction is caused by the making of repairs or improvements furnished to the Premises or the Building, the installation of equipment, acts of God or the elements, labor disturbances of any character, or any other events or conditions whatsoever beyond the reasonable control of Sublandlord, or rationing or restrictions on the use of said services and utilities due to energy shortages or other causes, whether or not any of the above result from acts or omissions of Sublandlord. Furthermore, Sublandlord shall be entitled to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental bodies or utilities suppliers in reducing energy or other resources consumption. The failure of Sublandlord to provide the utilities and services specified as described in the Standards for Utilities and Services attached hereto as an Exhibit. Landlord's failure to furnish any of the foregoing items shall not result in any liability of Landlord when such failure is caused by (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; or (v) any other cause beyond Landlord's reasonable control. In addition, Tenant shall not be entitled to any abatement or reduction of rent by reason of such failure (whether such failure affects elevator or HVAC services or otherwise), no eviction of Tenant shall result from such failure, and Tenant shall not be relieved from the performance of any covenant or agreement in this Section Lease because of such failure. In the event of any failure, stoppage or interruption thereof, Landlord shall not constitute a constructive diligently attempt to resume service promptly. If Tenant utilizes more electrical power than is considered reasonable or other eviction normal in the marketplace for the Use specified, Landlord may require Tenant to pay, as additional rent, the cost incurred by such extraordinary usage, which cost shall be at the same rate paid by Landlord to the utility provider. In such case, Landlord shall install separate meter(s) for all or part of Subtenant. Subtenant the Premises, at Tenant's sole expense, and Tenant thereafter shall pay prior all sub-metered utility charges and Landlord shall make a commensurate Operating Expenses adjustment to delinquency account for all telephone and all other materials and services not expressly required to be provided by Sublandlord, which may be furnished to or used in, on or about the Subleased Premises during the Sublease Termfact Tenant is directly paying such metered charges.
Appears in 1 contract
Sources: Office Building Lease (Prosoft I Net Solutions Inc)