Common use of Utilities and Services Clause in Contracts

Utilities and Services. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.

Appears in 1 contract

Sources: Office Lease Agreement (Liberty Diversified Holdings Inc)

Utilities and Services. 8.01 (a) Provided that Tenant is not in default hereunder, Landlord agrees to furnish or cause to be furnished to the Premises, the utilities and services described, subject to the conditions and in accordance with the standards set forth below: (i) Landlord shall provide automatic elevator facilities Monday through Friday, excepting therefrom all holidays recognized by Landlord, hereinafter collectively referred to as "generally accepted business days," from 8:00 a.m. to 6:00 p.m., and on Saturdays from 8:00 a.m. to 12:00 noon, and have at least one elevator available for use at all other times. (ii) On generally accepted business days from 8:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 12:00 noon (and at other times for a reasonable additional charge to be fixed by Landlord), Landlord shall ventilate the Premises and furnish air conditioning when in the judgment of Landlord it is required for the comfortable occupancy of the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business such days (but exclusive in any event of Sundays and national and local legal holidays)hours, the following services and utilities subject to the rules any requirements or standards relating to, among other things, energy conservation, imposed or established by governmental agencies or cooperative organizations. Landlord shall make available at Tenant's expense after-hours power, including light, and regulations air conditioning to each floor of the Building prescribed which shall be controlled by a key and metering system, digital control system or other central control system selected by Landlord. Minimum use of after-hours power, heat and air conditioning, the costs thereof and the prior notice required for such services shall be determined from time to time by Landlord and confirmed in writing to Tenant, as the same may change from time to time: . (aiii) Landlord shall furnish to the Premises at all times, subject to interruptions beyond Landlord's control, electric current as required by the building standard office lighting (approximately two (2) ▇▇▇▇▇ per square foot) and receptacles (approximately one (1) watt per square foot). At all times Tenant's use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation. Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises without the prior written consent of Landlord. (iv) Landlord shall furnish water for use in drinking, cleaning and lavatory purposes only. (v) Landlord shall provide janitorial services to the base Building lavatories; Premises, each evening, five (b5) customary heat and air conditioning days per week ("HVAC") required in Landlord's judgment except for the use and occupation of the Premises during Building Business Hoursholidays), although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms specifications attached hereto as Exhibit "E", provided the Premises are used exclusively as offices and conditions customary ancillary uses and are kept reasonably in this Section 8.01; order by Tenant. Landlord shall not be responsible or liable for any act or omission or commission on the part of the persons employed to perform said janitorial services, which shall be performed at Landlord's direction without interference by Tenant or Tenant's employees, agents, contractors, licensees, directors, officers, partners, trustees, visitors or invitees (collectively, "Tenant Parties"). If the Premises are not used exclusively as offices, Tenant or persons approved by Landlord shall keep the Premises clean and (g) such in order to the satisfaction of Landlord, but at Tenant's sole expense. No persons other services as than Tenant and those persons approved by Landlord reasonably determines are necessary or appropriate shall be permitted to enter the Building for the Propertypurpose of keeping the Premises clean and in order. Electricity and/or Tenant shall pay to Landlord the cost of removal of any other services or utilities used by Tenant of Tenant's refuse and rubbish, to the extent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices. (vi) Landlord shall replace, as necessary, the fluorescent tubes in the Building standard lighting fixtures installed by Landlord. Tenant shall replace, as necessary, all bulbs and fluorescent tubes in non-building standard lighting fixtures, if any, installed in the Premises. If Tenant shall fail to make any such replacement within five (5) days after written notice from Landlord, Landlord may make such replacement and charge the cost of labor and materials involved therein to Tenant, as additional rent. (vii) Landlord shall provide at all times, subject to interruptions due to equipment failure, maintenance and/or repairs, intrabuilding network cabling to permit connection of telephone service from the Minimum Point of Entry as designated by Pacific ▇▇▇▇ or other provider to the telephone closet located on the floor of the Building on which the Premises shallis located. (b) Landlord may impose a reasonable charge for any utilities and services, including without limitation, air conditioning, electric current and water, required to be provided by Landlord by reason of any use of the Premises at any time other than the hours from 8:00 a.m. to 6:00 p.m. on generally accepted business days or the hours from 8:00 a.m. to 12:00 noon on Saturdays or any use beyond what Landlord agrees to furnish as described above, or special electrical, cooling and ventilating needs created in certain areas by hybrid telephone equipment, computers and other similar equipment or uses. At Landlord's option, separate meters for such utilities and services may be paid installed for the Premises and Tenant, upon demand therefor, shall immediately pay Landlord for the installation, maintenance and repair of such meters. (c) Tenant agrees to cooperate fully at all times with Landlord and to abide by Tenant either: all regulations and requirements which Landlord may prescribe for the use of the above utilities and services. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay rent under this Lease and shall entitle Landlord to the rights herein granted for such breach. (d) Landlord reserves the right in its sole and absolute discretion to reduce, interrupt or cease service of the heating, air conditioning, ventilation, elevator, plumbing, electrical systems, telephone systems and/or utilities services of the Premises or the Building, for (i) through inclusion in Operating Expenses (except as provided for excess usage); the making of any repairs, additions, alterations or improvements to the Premises or Building until said repairs, additions, alterations or improvements shall have been completed or (ii) any accident, breakage, strikes, lockouts or other labor disturbance or labor dispute of any character, governmental regulation, moratorium or other governmental action, inability by a separate charge payable exercise of reasonable diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord's reasonable control. In such event, Landlord shall not be liable for, and Tenant to Landlord; shall not be entitled to, any abatement or (iii) reduction of rent by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent reason of Landlord, Tenant's use failure to furnish any of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Buildingforegoing. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation not be in breach of measuring devices such as submeters this Lease and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable in damages (including but not limited to any damages, compensation or deemed in defaultclaims arising from any interruption or cessation of Tenant's business) or otherwise for failure, stoppage or interruption of any such service, nor will there shall the same be any construed either as an eviction of Tenant, or work an abatement of rent, breach or relieve Tenant from the operation of any covenant or agreement. In the event of quiet enjoymentany failure, partial stoppage or constructive eviction or right interruption thereof, however, Landlord shall use reasonable diligence to terminate this Lease, for resume service promptly where it is within Landlord's reasonable control to do so. (ae) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole and absolute discretion, may elect to designatecontract for the services of individuals that will monitor the systems and operations of the Building. In this connection, at Landlord may also elect to station some of these individuals in the lobby of the Building. Such individuals are not security personnel and will not provide protective services to any timeof the tenants of the Building, the utility and service providers for including Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as . (f) Notwithstanding anything hereinabove to the adequacy of any contrary, Landlord owned utility equipment reserves the right from time to time to make reasonable and the quantity of telephone lines and other service connections nondiscriminatory modifications to the "Building's Point of Demarcation" available above standards for Tenant's useutilities and services. (g) Tenant shall pay for all telephone service to the Premises and shall contract directly with the providing company for such service, and Landlord shall have no responsibilities thereto.

Appears in 1 contract

Sources: Lease (Nemus Bioscience, Inc.)

Utilities and Services. 8.01 Landlord agrees to furnish to Section 4.1 Throughout the Premises during Building Business Hours (specified term of this lease LANDLORD shall supply and TENANT shall pay for the electricity in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays Demised Premises and national and local legal holidays), for the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water common areas for normal lighting. The TENANT shall use no electric equipment in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Demised Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service normal typewriters and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methodsnormal small office business machines, including the installation of measuring devices such as submeters computers and check metersfile servers not using more than 110 volts. If it is determined that Tenant is using excess electricitythe TENANT introduces equipment onto the premises other than other normal small office business machines, Tenant TENANT shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and reimburse LANDLORD for the cost of purchasing and installing the measuring device(s)electricity necessary for same. 8.02 Landlord will Section 4.2 LANDLORD shall supply, at LANDLORD'S own cost and expense, water to the building of which the Demised Premises form a part for normal office building consumption. Section 4.3 The cost of electricity to the TENANT during the term of this lease shall be determined as follows: A. TENANT shall pay the sum of $62,747.50 per year payable in equal monthly installments of $5,228.96 in advance. B. If the cost of electricity increases during the term of this lease, TENANT shall pay any increases in Energy Charges as determined in Section 3.4 of this lease. Section 4.4 The LANDLORD covenants to provide and pay for heat and air-conditioning to the building between the hours of 8:00 AM. and 6:00 P.M., Monday through Friday and Saturday between the hours of 8:00 A.M. to 1:00 P.M. In addition, LANDLORD covenants to provide and pay for elevator service and TENANT electricity 24 hours a day, 7 days a week at no additional cost to the TENANT. However, if one of the days about is a "Holiday", the above services shall not be liable or deemed in defaultoperation. The term "Holiday" shall mean New Year's Day, nor will there Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, and such other Holidays as may from time to time be any abatement nationally recognized. TENANT shall have access to the Demised Premises 24 hours a day, 7 days a week. Notwithstanding the above, TENANT shall be entitled to up to 30 hours of rentovertime heat and air-conditioning service, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretionper annum, to designatethe demised premises, at any time, the utility no cost and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as expense to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useTENANT.

Appears in 1 contract

Sources: Lease Agreement (Delta Financial Corp)

Utilities and Services. 8.01 SECTION 6.1 Landlord agrees will arrange to furnish have furnished to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays)and/or Demised Premises, as applicable, the following services services, utilities, supplies and utilities subject to the rules and regulations of the Building prescribed from time to timefacilities: 9 (a) water Passenger elevator service, if applicable, operated automatically or manually, provided that Landlord may remove elevators from service temporarily for use in the base Building lavatories; purposes of moving freight and/or repair and maintenance. (b) customary Heat, hot and cold water, year round ventilation, and air conditioning and heat during the seasons when they are required, as determined in Landlord's reasonable judgment but consistent with the operation of Class A office building. Heating, ventilation and air conditioning ("HVAC") will be provided during Building Hours only. Landlord will furnish HVAC beyond the Building Hours, provided that notice requesting such service is delivered to Landlord before noon on the business day when such service is required in for that evening, and by noon of the preceding business day when such service is required on a Saturday, Sunday or holiday. Landlord's judgment charge for the use and occupation supplying such additional service will be paid by Tenant (for each HVAC zone of the Premises during Building Business HoursDemised Premises, although if applicable) at the HVAC Overtime Rate which will be subject to change by Landlord from time to time on thirty (30) days prior written notice to Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying and will be based upon Landlord's then standard charge actual cost for supplying HVAC to Tenant, such actual cost to include: 1) cost to the utility company; 2) cost of allocation of depreciating the HVAC system and 3) cost of allocation of service contracts, systems repair and maintenance. Landlord will bill ▇▇▇ant for HVAC overtime charges and will submit with its invoice a tabulation of the hours and the dates in which the overtime HVAC was furnished. Tenant will reimburse Landlord therefore (as additional HVAC service and providing such prior notice as reasonably specified by rent) within fifteen (15) days after receipt of Landlord; 's invoice. (c) standard janitorial In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electrical service; , Tenant will not, without Landlord's prior written consent in each instance, (di) elevator service by non-attended automatic elevatorsconnect any additional fixtures, if applicable; and appliances or equipment to the electric distribution system other than (ea) electricity the lighting in accordance with the terms and conditions in this Section 8.01; Tenant Plans approved by Landlord and (gb) such lamps, electric typewriters, word processors, personal computers, calculators, copy machines, state of the art office equipment and other services as Landlord reasonably determines are necessary small office machines, and kitchen equipment, or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) make any alteration or addition to the electric system. Should Landlord grant such consent, all additional risers or other equipment required therefore will be provided by a separate charge payable Landlord and the charges therefore will be paid by Tenant to upon Landlord; or 's demand. (iiid) by separate charge billed by Removal of ice and snow from the applicable utility company walks, drives and payable directly by Tenant. Without parking facilities during Building Hours within a reasonable time after accumulation thereof. (e) Maintenance of the consent of LandlordCommon Facilities and cleaning and janitorial service for the Demised Premises after 6:00 p.m. Monday through Friday (excluding holidays), as provided in Exhibit E. If at any time Tenant's use of electrical any utility service shall (if any utility is not exceeddirectly metered or paid by Tenant to the utility authorized providing such service) or if Tenant's use of any available Building service exceeds Tenant's Pro Rata Share of the Building Operating Expenses, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have reserves the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, bill ▇▇▇ant separately for the cost of such excess electrical service or usage, but without markup or profit to Landlord. Such usage will be calculated at Landlord's option by the use of checkmeters, survey or specific invoicing by outside vendors. Subject to the provisions of Section 6.2, Landlord represents that the HVAC System is capable of maintaining heat at a minimum of 66(degrees) in the Demised Premises when the outdoor temperature is 14(degrees) F. and for air conditioning at a minimum of 78(degrees) F. dry bulb and 67(degrees) F. wet bulb and a 50 percent humidity in the cost of purchasing Demised Premises when the outdoor temperature is 91(degrees) F. dry bulb and installing the measuring device(s)76(degrees) F. wet bulb during summer months. 8.02 SECTION 6.2 Tenant expressly agrees that Landlord will not be liable responsible for the failure of supply to Tenant of any of the aforesaid or deemed in defaultany other utility or service, nor will Landlord be liable for any damages resulting from, nor there be any abatement of rentrent or additional rent as a result of such failure. Notwithstanding the foregoing, breach if such failure of any covenant supply results from Landlord's negligence and the Demised Premises thereby becomes untenantable for five (5) consecutive days after notice from Tenant specifying the basis of quiet enjoymentTenant's claim, partial or constructive eviction or right then from and after the expiration of said five (5) day period and until such failure is cured, Tenant's Base Rent will be abated in such proportion as the usable square footage of the portion of the Demised Premises which becomes untenantable bears to terminate this Leasethe total usable square footage of the Demised Premises, for provided, however, that: (a) Tenant, upon serving upon Landlord any interruption or reduction notice pursuant to this Section 6.2, will also serve a copy of utilitiessuch notice upon the Mortgagee, utility services or telecommunication services, and no notice by Tenant to Landlord hereunder will be deemed to have been duly given unless and until a copy thereof has been so served; and (b) any telecommunications Mortgagee will have the right to cure such failure, or other company failing cause same to provide be cured, and Tenant Will accept such utilities cure by or services or providing at the instance of Mortgagee as if the same defectivelyhad been made by the Landlord. Notwithstanding the foregoing, and/or should such utility failure be due to the negligence of Landlord, its agents, employees or contractors, the five (c5) day time period shall be reduced to one (1) business day. Landlord will use reasonable efforts to correct any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. failure promptly. SECTION 6.3 Landlord and Tenant agrees to will comply with any applicable energy or water conservation programs required measures, voluntary or mandatory, which may be imposed by Law any federal, state, county or implemented by Landlordmunicipal governmental agency, including, without limitation, limits on permitted HVAC temperature settings, requirements limiting volume of consumption or curtailment of Building Hours. The effect of such compliance will not be deemed an eviction, actual or constructive, or a breach of the provisions of this Lease which will be suspended, as necessary, for the period(s) during which such conservation measures are in effect. SECTION 6.4 Landlord reserves represents that there is telephone service available in the rightBuilding, in its sole discretion, but Tenant is responsible for bringing such service to designate, at the Demised Premises and for any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlordin-premises setup of telephone service. Tenant has satisfied itself as will arrange for and pay for its telephone service directly to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usecompany.

Appears in 1 contract

Sources: Lease Commencement Date Agreement (Miix Group Inc)

Utilities and Services. 8.01 Landlord agrees (a) Lessor shall, as an Operating Expense of the Building pursuant to furnish Paragraph 5(b) hereof, provide reasonable quantities of electricity, gas and water standard for a Class A office building. Heat and Air Conditioning service for the building is Monday through Friday from 8:00 a.m. to 6:00 p.m., except recognized holidays. Lessor shall also provide five-day a week cleaning and maintenance service and refuse pick-up service to the Premises. Lessee, at its option, may contract for its own janitorial service for Lessee’s Premises, provided that such service is performed on a regular basis by a recognized professional janitorial service firm. In such event, Lessor shall no longer ▇▇▇▇ Lessee for janitorial services to the Premises. (b) Lessee shall have access to the Premises during twenty-four (24) hours per day, seven (7) days per week, by means of a card key system. Lessor shall provide Lessee and the Premises with heating and air conditioning service, in addition to the hours set forth in subparagraph (a) above, to the extent that such service is requested by Lessee. In the event of such a request by Lessee, the first twenty (20) hours of after hours heating and air conditioning service per Lease year shall be at no charge to Lessee and, thereafter, Lessee shall pay to Lessor on a monthly basis Lessor’s charge for such additional heating and air conditioning service. Lessor’s charge shall be Thirty-five Dollars ($35) per hour for after hours’ service. Lessor may make reasonable adjustments to said hourly rate as of the commencement date of each of the option extension periods, if Lessee exercises its options to extend. (c) Lessor shall not be liable to Lessee for any interruption or failure of any utility services to the Building Business Hours or the Premises which is not caused by Lessor’s willful acts or negligence; provided however, that if service to the Premises is interrupted or provided only intermittently for more than five (specified in the Basic Lease Information5) on generally recognized consecutive business days (but exclusive in any event of Sundays and national and local legal Monday through Friday, except recognized holidays), Lessee’s Monthly Base Rent shall be abated proportionately on a daily basis from the following date of such interruption or commencement of only intermittent service until normal service is restored. Lessor shall use its best efforts to promptly resume or restore the interrupted utilities or services. In the event that utility services and utilities subject are not restored to the rules and regulations Building or the Premises within ninety (90) days after the date of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hoursinitial interruption, although Tenant Lessee shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this LeaseLease by giving written notice of termination to Lessor within ten (10) days after said period of ninety (90) days, for (a) any interruption or reduction of utilities, unless the utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as are restored prior to the adequacy receipt by Lessor of any Landlord owned utility equipment and the quantity notice of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usetermination.

Appears in 1 contract

Sources: Lease (Rocket Fuel Inc.)

Utilities and Services. 8.01 Landlord agrees to shall (i) furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays with electricity for lighting fixtures and national office machines, gas, sewer, water and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use comfortable occupancy and occupation operation of the Premises Premises, during Building Business Hours, although all hours of Tenant’s operation and at such other times as Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as may reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; request and (eii) provide customary trash pick up, and daily janitorial service on normal business days. Landlord shall, at Landlord’s sole cost and expense, install separate metering for electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used gas usage by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right control systems to measure electrical usage by commonly accepted methodssame), including the installation of measuring devices without limitation electrical and/or gas for mechanical systems such as submeters HVAC and check metersboilers. If it is determined that Tenant is using excess electricityIn such case, Tenant shall pay Landlordfor such utilities (i) directly to the utility provider, as Additional Rent, in which case Tenant shall receive a credit toward its Base Rent for the budgeted cost of such excess electrical usage utilities in the Base Year (the “Base Year Budget Amount”, which is fourteen cents ($.14) per square foot per month for electricity and two cents ($.02) per square foot per month for gas) determined in Landlord’s reasonable discretion, or (ii) to Landlord as additional rent, in which case Tenant shall reimburse Landlord within thirty (30) days after ▇▇▇▇▇▇▇▇’s written request for the actual utility cost for such utilities in excess of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed Base Year Budget Amount determined in default, nor will there be any abatement Landlord’s reasonable discretion. For purposes of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) usual business hours are Monday through Friday, 7 am to 6 pm, national holidays excepted. Landlord shall provide Tenant with access to the Premises twenty-four hours a day, seven days a week. For the avoidance of doubt, Tenant shall be free to use electricity, gas and HVAC in the Premises at any interruption or reduction time without payment of utilities, utility services or telecommunication services, (b) any telecommunications after-hours or other company failing to provide such utilities or services or providing charge other than the same defectively, and/or (c) any separately metered utility interruption costs; provided that Tenant shall reimburse Landlord within thirty days following written demand for the increase in the nature maintenance and replacement costs caused by ▇▇▇▇▇▇’s usage in excess of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by typical office occupants determined in Landlord. Landlord reserves the right, in its sole ’s reasonable discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.

Appears in 1 contract

Sources: Full Service Lease (Cyan Inc)

Utilities and Services. 8.01 5.1. From and after the Commencement Date, Landlord agrees will provide to the Premises: air-conditioning and heating during Building Hours as required in Landlord’s reasonable judgment based upon the applicable season; janitorial service after 5:30 p.m. on Monday through Friday only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building bathrooms and chilled water in Building drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); and landscaping and snow removal during the seasons they are required. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 3:00 p.m. of the same day for extra service needed Monday through Friday, and by 3:00 p.m. on Friday for extra service needed on Saturday or Sunday) (which notice may be provided by telephone). Tenant shall pay for such extra service at the rate of $85.00 per hour per zone. To the extent Tenant provides or contracts for any services relating to any Building structure or system or any service or utility being provided by Landlord to the Premises during Building Business Hours directly from the supplier (specified which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the Basic Lease Informationjurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at all times. A reasonable number of access cards or other means of access shall be provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, agents or invitees, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the Building Hours shall, at Landlord’s discretion, be required to sign in and out. 5.2. Tenant shall pay the Electric Charge to Landlord, as additional Rent, in advance of or on generally recognized business days the first day of each month during the Term. Landlord shall not be required to furnish, and Tenant shall not install a connected load (including all of Tenant’s equipment and systems, but exclusive excluding the Building systems) or otherwise draw, in excess of six (6) ▇▇▇▇▇ per rentable square foot of Premises; and, in any event event, Tenant’s use of Sundays and national and local legal holidays)electric energy shall never exceed the capacity of the then existing feeders, risers or wiring installations serving the following services and utilities subject Premises. If any tax is imposed upon ▇▇▇▇▇▇▇▇’s receipts from the sale or resale of electric energy to Tenant (directly or indirectly through a general tax on such receipts) by any federal, state or municipal authority, then Tenant shall pay, or reimburse Landlord, such taxes (or its share thereof) in addition to the other charges for electricity described in this Section 5. Tenant will at all times comply with all reasonable rules and regulations of the utility company that are provided to Tenant by Landlord in writing, to the extent the same are applicable to Tenant’s use of electric energy in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if (a) the supply of electric energy to the Premises is temporarily interrupted, or (b) the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. 5.3. Notwithstanding the provisions of Section 5.2, Landlord, at Landlord’s expense, may, at any time during the Term, install and maintain one or more electrical submeters to measure Tenant’s demand and consumption with respect to the electricity furnished by Landlord (such submeter(s) being herein called “Tenant’s Submeter”). In the event Tenant’s Submeter is so installed, then from and after the date of such installation Tenant, throughout the remainder of the Term, in lieu of the charges described in Section 5.2 above, shall pay Landlord for such electricity as measured by Tenant’s Submeter as follows: Tenant, for any billing period, shall pay Landlord an amount determined by applying (i) Tenant’s electrical demand (measured in KWs) and consumption (measured in KWHRs) for such period, as measured by Tenant’s Submeter, to (ii) the rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility company serving the Building prescribed (herein called the “Utility Company”) which would then be applicable to Tenant if it purchased electricity directly from the Utility Company for such period. Tenant shall pay the amount due for any billing period within thirty (30) days after being billed therefor, which bills Landlord may render from time to time: time (a) water for use but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the actual costs incurred by Landlord to a meter company or otherwise in the base Building lavatories; (b) customary heat respect of having Tenant’s Submeter read and air conditioning ("HVAC") required in Landlord's judgment having bills prepared and delivered based upon such readings. 5.4. Tenant shall arrange for the use provision of internet and occupation of telephone service to the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay LandlordPremises, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, deems necessary in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.

Appears in 1 contract

Sources: Lease Agreement (DBV Technologies S.A.)

Utilities and Services. 8.01 Landlord agrees shall provide the Premises the following services: water and electricity for the Premises seven (7) days per week, twenty-four (24) hours per day, and heating, ventilation and air conditioning from 7:00 a.m. to furnish 8:00 p.m. Monday through Friday; 7:00 a.m. to 8:00 p.m. on Saturday; and 7:00 to 8:00 p.m. on Sunday, and Landlord shall also provide janitorial service to the Premises and Building five (5) nights each week, exclusive of holidays. Heating, ventilation and air conditioning services will also be provided by Landlord to the Premises during Building Business Hours (specified in the Basic Lease Information) additional hours on generally recognized business days (but exclusive in any event of Sundays reasonable notice to Landlord, at Tenant’s sole cost and national and local legal holidays)expense, the following services and utilities subject to the rules and regulations of the Building prescribed at an hourly rate reasonably established by Landlord from time to time: (a) water for use in the base Building lavatories; (b) customary heat time and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company Tenant, as and payable directly by Tenant. Without the consent of Landlordwhen billed, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check metersAdditional Rent. If it is determined that Tenant is using excess electricitywater and electricity services are not separately metered to the Premises, Tenant shall pay Landlordits proportionate share of all charges for any utilities that are jointly metered based on the ratio which the rentable square feet of the Premises bears to the total rentable square feet served by the joint meters. Notwithstanding the foregoing, as Additional Rentif Tenant’s use of the Premises incurs utilitycharges which are above those usual and customary for the Permitted Use, Landlord reserves the right to require Tenant to pay a reasonable additional charge for such usage. Tenant shall furnish all other utilities (including, but not limited to, telephone, Internet, and cable service if available) and other services which Tenant requires with respect to the Premises, and shall pay, at Tenant’s sole expense, the cost of such excess electrical usage all utilities separately metered to the Premises, and for of all other utilities and other services which Tenant requires with respect to the cost of purchasing and installing the measuring device(s). 8.02 Premises, except those to be provided by Landlord will as described above. Landlord shall not be liable for any loss, injury or deemed in defaultdamage to person or property caused by or resulting from any variation, nor will there be interruption, or failure of utilities due to any abatement of rentcause whatsoever, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation Rent shall impose liability upon Landlord. Tenant has satisfied itself not ▇▇▇▇▇ as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usea result thereof.

Appears in 1 contract

Sources: Lease Agreement

Utilities and Services. 8.01 Provided that Tenant is not in Default, Landlord agrees to furnish the Building Services as set forth on Exhibit F. In addition to Minimum Rent, Tenant will pay to Landlord, in addition to Tenant’s monthly installment of Minimum Rent and Estimated Payments, an amount (“Tenant’s Electrical Cost”) equal to $2.00 per rentable square foot of the Premises per annum. Tenant’s Electrical Cost will be payable monthly in twelve (12) equal installments and will be due on the Commencement Date and on the first day of each calendar month thereafter. Tenant’s obligation to pay Tenant’s Electrical Cost will be without limitation as to Tenant’s obligation to pay for other electrical costs under this Lease, including, without limitation, pursuant to Section 7.6 below. Within five (5) days of Landlord’s request, Tenant will provide to Landlord all requested information regarding Tenant’s utility and energy usage at the Premises during Building Business Hours the Term (specified which requested information may include number of computers used in the Basic Lease Information) on generally recognized business days (but exclusive in Premises, operating hours, number of employees per shift and other similar information). Tenant acknowledges that such information may be disclosed to third parties, including governmental agencies and current, potential or future Mortgagees and/or prospective purchasers. Tenant’s obligation to provide any event of Sundays the foregoing with respect to any period of time during the Term will survive the expiration or earlier termination of this Lease. Tenant acknowledges and national and local legal holidays)agrees that it will be responsible for providing adequate security for its use of the Premises, the following Building and the Project and that, regardless of any safety and security devices, services and utilities subject programs Landlord may elect to the rules and regulations of the Building prescribed provide from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable have no obligation or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply liability with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's userespect thereto.

Appears in 1 contract

Sources: Office Full Service Gross Lease (YanGuFang International Group Co., LTD)

Utilities and Services. 8.01 Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord agrees to furnish shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national services, and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay such amount to Landlord, as Additional Rentan item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the cost definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such excess electrical usage and for costs in the cost manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of additional rent, breach within 10 days after delivery of any covenant Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (aeach HVAC unit servicing the Premises. If the HVAC unit(s) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or servicing the Premises also serve other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption leased premises in the nature Building, “after hours” shall mean usage of blackoutssaid unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, brownoutsbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, rolling interruptionsand all day on Sundays and nationally-recognized holidays, hurricanes, tropical storms or other natural disasters. Tenant agrees subject to comply with any energy conservation programs required by Law or implemented reasonable adjustment of said hours by Landlord. Landlord reserves If the rightHVAC unit(s) serve only the Premises, in its sole discretion“after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to designateTenant’s usage or nonusage of other unit(s) serving the Premises, at any timeor of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean $25.25 per hour for each hour of “after hours” use (inclusive of the applicable electricity charges paid to the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useprovider).

Appears in 1 contract

Sources: Lease (Capstone Dental Pubco, Inc.)

Utilities and Services. 8.01 (a) Landlord agrees to furnish or cause to be furnished to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services utilities and utilities services, subject to the rules conditions and regulations of the Building prescribed from time to time: standards set forth herein: (ai) water for use in the base Building lavatories; Landlord shall provide such air conditioning, heating and ventilation (b“HVAC”) customary heat and air conditioning ("HVAC") required as, in Landlord's judgment ’s reasonable judgment, are required for the comfortable use and occupation occupancy of the Premises during Building Business Hoursreasonably consistent with practices of owners of similar buildings in Stamford, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); Connecticut. (ii) by Landlord shall provide water for drinking and lavatory purposes on a separate charge payable by Tenant to Landlord; or seven (7) day per week, twenty-four (24) hours per day basis. (iii) by separate charge billed Landlord shall cause electricity to be made available to the Demised Premises for standard lighting fixtures, personal computers, telecommunications equipment and other equipment and accessories customary for commercial office use on a seven (7) day per week, 24 hour a day basis. Tenant shall pay to Landlord monthly, commencing on the Commencement Date, a sum equal to $2.75 per annum multiplied by the applicable utility company and payable directly by Tenant. Without number of square feet in the consent Premises, in the form of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for Additional Rent (the Building“Electrical Factor”). Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable in any way to Tenant for any failure or deemed defect in default, nor will there be any abatement the supply or character of rent, breach electricity furnished to the Premises by reason of any covenant requirement, act or omission of quiet enjoymentthe public utility serving the Property with electricity or for any other reason not within the control of Landlord. Tenant shall replace all lighting tubes, partial or constructive eviction or right lamps, bulbs (including incandescent and fluorescent), starters and ballasts required in the Premises, at Tenant’s expense. Any amounts which Tenant is required to terminate pay to Landlord pursuant to this Lease, for Section 5(a)(iii) shall constitute Additional Rent. (aiv) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other Landlord shall arrange with and pay a waste management company failing to provide adequate dry trash and recycling services to the tenants and occupants of the Building. (v) Landlord shall provide security services to Landlord’s Property under such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. terms and scope as Landlord reserves the right, shall determine in its sole discretion. Any additional security desired by Tenant shall be at Tenant’s sole cost and expense. (vi) Landlord shall maintain the exterior of Landlord’s Property, including without limitation landscaping services and snow removal as, in Landlord’s reasonable judgment, are required for the reasonable use and occupancy of the Premises reasonably consistent with practices of owners of similar buildings in Stamford, Connecticut. (vii) Landlord shall cause cleaning services to designatebe provided to the Premises pursuant to cleaning specifications mutually agreed upon by Landlord and Tenant. Tenant shall pay to Landlord monthly, commencing on the Commencement Date, a sum equal to the cost actually incurred by Landlord to provide such cleaning services, without markup, in the form of Additional Rent. Landlord shall complete a Contractor Verification in the form attached hereto attesting to compliance with Public Act 16-67 in regard to personnel providing cleaning services. (viii) Landlord shall not be liable for any failure to furnish, stoppage of, or interruption in furnishing any of the services or utilities described in this Section 5, when such failure is caused by accident, breakage, repairs, strikes, lockouts, labor disputes, labor disturbances, governmental regulation, civil disturbances, acts of war, moratorium or other governmental action, or any other cause beyond Landlord’s reasonable control, and, in such event, Tenant shall not be entitled to any damages nor shall any failure or interruption ▇▇▇▇▇ or suspend Tenant’s obligation to pay Base Rent and Additional Rent required under this Agreement unless, as a result, the Premises are not habitable and the failure or interruption of services constitutes or is determined to be a constructive or other eviction of Tenant, then in such case Tenant shall not be obligated to pay Base Rent or Additional Rent. (ix) Landlord, at its expense, agrees to maintain and make all necessary repairs to Landlord’s Property as Landlord deems appropriate in Landlord’s sole reasonable discretion and in accordance with applicable laws and sound management practices of comparable buildings. (b) Notwithstanding anything in this Agreement to the contrary, if Tenant desires to obtain any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. that Landlord does not provide to Tenant after Tenant has satisfied itself as requested Landlord to the adequacy provide such service, then Tenant may contract directly with any provider of any Landlord owned utility equipment such service (including, without limitation, telecommunications and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usedata).

Appears in 1 contract

Sources: Lease Agreement

Utilities and Services. 8.01 (a) Landlord agrees to furnish or cause to be furnished to the Premises, the utilities and services described below, subject to the conditions and in accordance with the standards set forth below: . (i) Landlord shall provide automatic elevator facilities from 7 a.m. to 6 p.m., Monday through Friday, except for holidays observed by Building management ("Normal Building Hours"). At least one elevator will be available for use at all times other than Normal Building Hours (so Tenant shall have access to the Premises during Building Business Hours seven (specified in the Basic Lease Information7) on generally recognized business days per week, twenty-four (but exclusive in any event of Sundays and national and local legal 24) hours per day, including holidays), the following services and utilities subject to the rules such Building security systems and regulations of the Building prescribed procedures as may be in effect from time to time: . (aii) water for use in During Normal Building Hours, and during such weekend hours (presently 8:00 a.m. to 1:00 p.m. on Saturdays) as Landlord at its option elects to make such services available at no charge to the base Building lavatories; (b) customary tenants of the Building, Landlord shall ventilate the Premises and furnish heat and air conditioning when in the judgment of the Landlord it is required for the comfortable occupancy of the Premises, subject to any governmental requirements or standards relating to, among other things, energy conservation. Upon request, Landlord shall make available at Tenant's expense after hours heat or air conditioning. The minimum use of after hours heat or air conditioning and the cost thereof shall be determined by Landlord and confirmed in writing to Tenant as the same may change from time to time. The current charge for after hours HVAC service is $15.00 per hour, which charge is subject to change from time to time. In addition to any and all other rights and remedies which Landlord may have for a violation or breach of this Lease, Landlord may discontinue said after hours heating and air conditioning service without any abatement of rent to Tenant whatsoever. ("HVAC"iii) required in Landlord shall furnish to the Premises at all times, subject to interruptions beyond Landlord's judgment control, electric current as required by the building standard office light and receptacles. At all times Tenant's use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installations, or be in violation of any governmental energy use ordinance. (iv) Landlord shall furnish water for drinking, cleaning and lavatory purposes only, (v) Landlord shall provide janitorial services to the Premises, comparable to that provided in other comparable office buildings in the immediate vicinity of the Building, provided the same are used exclusively as offices, and are kept reasonably in order by Tenant. If the Premises are not used exclusively as offices, and Landlord directs, they shall be kept clean and in order by Tenant, at Tenant's expense and to the satisfaction of Landlord, and by persons approved by Landlord and no one other than persons approved by Landlord shall be permitted to enter the Premises for such purposes. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish in excess of that usually attendant upon the use of the Premises as offices. (vi) Landlord shall replace, as necessary, the fluorescent tubes in the standard lighting fixtures installed by Landlord. (b) In accordance with Paragraph 3 of this Lease, as Additional Rent, Tenant shall pay its share of all charges for heat, water, light, gas, electricity, sewer, garbage, fire protection and any other utilities and/or services used or consumed on or supplied to the Building and not separately metered and charged to the Premises or any other premises in the Building. Tenant shall be solely responsible for and shall promptly pay when due all charges for telephone or any other utilities or services separately metered or charged to the Premises. Landlord may impose a reasonable charge for any utilities and services, including without limitation, air conditioning, electric current and water, required to be provided by Landlord by reason of any substantial recurrent use of the Premises at any time other than Normal Building Hours, or any use beyond what Landlord agrees to furnish as described above, or special electrical, cooling and ventilating needs created in certain areas by hybrid telephone equipment, computers and other similar equipment or uses. At Landlord's option, separate meters for such utilities and services may be installed for the Premises, and Tenant upon demand therefor, shall immediately pay Landlord for the installation, maintenance or repair of such meters. (c) Tenant agrees to cooperate fully at all times with Landlord and to abide by all reasonable regulations and requirements which Landlord may prescribe for the use and occupation of the above utilities and services. Any failure to pay any excess costs as described above shall constitute a breach of the obligation to pay rent under this Lease and shall entitle the Landlord to the rights herein granted for such breach. (d) Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accident, breakage, repairs, strikes, lock-outs or other labor disturbance or labor dispute of any character, governmental regulation, moratorium or other governmental action, inability by exercise of reasonable diligence to obtain electricity, water or fuel, or by any other cause beyond Landlord's reasonable control, nor shall any such failure, stoppage or interruption of any such service be construed either as an eviction of Tenant, or relieve Tenant from the obligation to perform any covenant or agreement. In the event of any failure, stoppage or interruption thereof, however, Landlord shall use reasonable diligence to resume service promptly. Notwithstanding any of the foregoing, in the event of a failure, stoppage or interruption in the services to the Premises during Building Business Hourswhich materially adversely affects Tenant's ability to use and occupy the Premises, although from any cause whatsoever (including one of the events described in Paragraph 45 below), services are not restored so that Tenant can again reasonably use and occupy the Premises for the Permitted Use within one hundred eighty (180) days after the date of the failure, stoppage or interruption, Tenant shall have the right to receive HVAC service during hours other than Building Business Hours terminate this Lease by paying Landlord's then standard charge written notice given to Landlord at any time prior to the date that services to the Premises are restored so that Tenant can again reasonably use and occupy the Premises for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and the Permitted Use. (e) electricity in accordance Notwithstanding anything hereinabove to the contrary, Landlord reserves the right from time to time to make reasonable and nondiscriminatory modifications to the above standards for utilities and services. (f) All telephone and telecommunications services desired by Tenant shall be ordered and utilized by Tenant at its sole cost and expense. Tenant shall separately contract with a telephone or telecommunications provider (a "Provider") to provide telephone and telecommunications services to the Premises. If Tenant desires to utilize the services of a Provider whose equipment is not presently servicing the Building, such Provider must obtain the written consent of Landlord before it will be permitted to install its lines or other equipment within the Building. Landlord's consent to the installation of lines or equipment within the Building by any Provider shall be evidenced by a written agreement between Landlord and the Provider, which contains terms and conditions in this Section 8.01; and (g) such other services as acceptable to Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, . Landlord's refusal for any reason whatsoever to designate, at consent to any time, the utility and service providers for Tenant's use within the Property; prospective Provider shall not be deemed a default or breach by Landlord of its obligations under this Lease. Landlord makes no such designation shall impose liability upon Landlord. warranty or representation to Tenant has satisfied itself as to the adequacy suitability, capability or financial strength of any Provider whose equipment is presently serving the Building, and Landlord's consent to a Provider whose equipment is not presently serving the Building shall not be deemed to constitute such a representation or warranty. To the extent the service by a Provider is interrupted, curtailed or discontinued for any reason whatsoever, Landlord owned utility equipment shall have no obligation or liability in connection therewith unless the interruption is caused by the negligence or intentional misconduct of Landlord, and it shall be the quantity sole obligation of Tenant at its expense to obtain substitute service. The provisions of this paragraph are solely for the benefit of Tenant and Landlord, are not for the benefit of any third party, specifically including without limitation, no telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useor telecommunications provider shall be deemed a third party beneficiary hereof.

Appears in 1 contract

Sources: Office Lease (Pacifica Bancorp Inc)

Utilities and Services. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in If Sublessee wishes to have after hours utility service, Sublessee shall pay Sublessor all costs and charges therefor as Sublessor is required to pay to Landlord under the base Building lavatories; Lease. (b) customary heat Sublessor shall cause the Landlord to provide the following services: (1) Access to the Building twenty-four (24) hours a day, seven (7) days a week, with a “Kastle” access control system, subject to Landlord’s rules pertaining to such access and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation use. Sublessor shall provide Sublessee, at no charge, with reasonable quantities of access cards upon commencement of the Premises during Building Business HoursSublease. (2) On-site maintenance office hours are from 7:00 a.m. to 3:30 p.m., although Monday through Friday. (3) Standard building cleaning services are provided five (5) days a week, excluding holidays. (4) Heating, ventilating and air-conditioning are provided Monday through Friday, 7:30 a.m. to 6:00 p.m., and on Saturday, 8:00 a.m. to 1:00 p.m. (excluding holidays). Arrangements can be made for after-hours usage. Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying be charged Landlord's then ’s standard charge for additional after-hours HVAC service and providing such prior notice as reasonably specified by Landlord; services, currently $35.00 per hour. (c) standard janitorial service; (d) elevator service by non-attended automatic elevatorsNotwithstanding the permitted use set forth herein, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service Sublessee shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing in excess of those used by the same defectivelyaverage office building tenant using its premises for ordinary office use. Sublessee shall not install at the Sublet Premises office machines, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms lighting fixtures or other natural disastersequipment which will generate above average heat, noise or vibration at the Sublet Premises or which will adversely effect the temperature maintained by the HVAC system. Tenant agrees to comply with any energy conservation programs required If Sublessee does use Building utilities or services in excess of those used by Law or implemented by Landlord. Landlord reserves the average office building tenant, and Sublessor provides documented proof of such excess, Sublessor shall have the right, in its sole discretionaddition to any other rights or remedies it may have under this Lease, to designate(a) at Sublessee’s expense, install separate metering devices at the Sublet Premises, and to charge Sublessee for its usage and reduce Sublessee’s Base Rent by the then existing per square foot amount of the Building’s utilities and services, and (b) require Sublessee to pay to Sublessor all costs, expenses and damages incurred by Sublessor as a result of such usage. (d) It is understood and agreed that Sublessor and Sublessee have entered into this Sublease on the express understanding and agreement that Landlord and Sublessor shall not have any timeliability to Sublessee whatsoever as a result of utility failure, or Landlord’s failure or inability to furnish any services of any kind whatsoever to the Sublessor, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. Any such failure or inability to furnish the utilities or service required hereunder shall not be considered an eviction, actual or constructive, of Sublessee from the Sublet Premises and shall not entitle Sublessee to terminate this Sublease or to an abatement of any rent payable hereunder. Notwithstanding, Sublessor shall use commercially reasonable efforts to assist Sublessee in obtaining such utilities and services for the Sublet Premises. In the event utility services are interrupted for three (3) days or more, the Sublessee’s rent shall be abated until such time as the as the interrupted utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useservices are restored.

Appears in 1 contract

Sources: Sublease Agreement (Alliance Bankshares Corp)

Utilities and Services. 8.01 5.1.1 In accordance with Section 3.3 of this Lease, as additional rent, Tenant shall pay its share of all charges for heat, water, light, gas, electricity, sewer, garbage, fire protection and any other utilities and/or services used or consumed on or supplied to the Building and/or the Park, including the Premises, and not separately metered or charged to Tenant or any other tenant of the Building or the Park. Tenant shall be solely responsible for and shall promptly pay when due all charges for telephone and all other charges which are separately metered or charged to the Premises. 5.1.2 Landlord agrees shall cause the public and common areas of the Building, such as lobbies, elevators, stairs, corridors and restrooms, to furnish be maintained in reasonably good order and condition, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which latter damage shall be paid for by Tenant. Twenty-four (24) hours per day, seven (7) days per week, Tenant shall have access to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules such Building and regulations of the Building prescribed Park security systems and procedures as may be in place from time to time: ), and Tenant shall have available to it water and electrical service for lighting and operation of 110-volt office machines. From 7:00 a.m. to 6:00 p.m. on weekdays (ai.e., Monday through Friday) water for use in and 8:00 a.m. to 1:00 p.m. on Saturdays, excluding legal holidays and holiday weekends (collectively "Normal Business Hours"), Landlord shall furnish the base Building lavatories; (b) customary Premises with heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building services. If requested by Tenant, Landlord shall furnish such services at times other than Normal Business Hours, although and Tenant shall have pay for the right cost of such after-hours services at rates established by Landlord from time to receive HVAC service during hours other than time. Landlord will provide janitorial services customary for buildings comparable to the Building Business Hours in quality and location, according to the schedule attached hereto as Exhibit E. If Tenant requires excessive or specialized janitorial services, Tenant shall promptly pay Landlord the additional costs and expenses incurred by paying Landlord's then standard charge for additional HVAC service and Landlord in providing such prior notice as reasonably specified services. The Building standard mechanical system is designed to accommodate heating loads generated by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; lights and (e) electricity in accordance with the terms equipment using up to 2.5 ▇▇▇▇▇ per square foot. Before installing lights and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant equipment in the Premises shallwhich in the aggregate exceed such amount, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by shall obtain the applicable utility company and payable directly by Tenant. Without the consent written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay the cost of installing supplementary air conditioning units or electrical systems as necessitated by such equipment or lights. In addition, Tenant shall pay to Landlord in advance, on the first day of each month during the Lease term, the amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment or lights and the amount estimated by Landlord as the costs of operation and maintenance of supplementary air conditioning units or electrical systems as necessitated by Tenant's use of electrical such equipment or lights. Landlord shall be entitled to install and operate at Tenant's cost a monitoring/metering system in the Premises to measure the added demands on electricity, heating, ventilation, and air conditioning systems resulting from such equipment and lights and from Tenant's after-hours heating, ventilation and air conditioning service requirements. Tenant shall not exceedcomply with Landlord's instructions, either rules and regulations for the use of drapes, blinds and thermostats in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable for any loss, injury or damage to person or property caused by or resulting from any variation, interruption, or failure of such services due to any cause whatsoever, or from failure to make any repairs or perform any maintenance. No temporary interruption or failure of such services incident to the making of repairs, alterations or improvements, or due to accident, strike or conditions or other events beyond Landlord's reasonable control shall be deemed an eviction of Tenant or to relieve Tenant from any of Tenant's obligations hereunder or to give Tenant a right of action against Landlord for damages; provided that in default, nor will there be any abatement of rent, breach event of any covenant of quiet enjoymentvacation, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction failure of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing service Landlord shall use its best efforts to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and restore service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment Premises and the quantity of telephone lines and other service connections to the "Building's Point Common Areas of Demarcation" available for Tenant's usethe Park as soon as is reasonably possible under the circumstances.

Appears in 1 contract

Sources: Lease (Homegrocer Com Inc)

Utilities and Services. 8.01 a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, of each week during the Term (Building Holidays excepted). Tenant agrees to furnish pay as Additional Rent all charges for electricity, light, heat or other utility used by Tenant at the Premises. A separate submeter has been installed and Tenant shall pay for the consumption of such utilities based upon its metered usage. If no meter is installed, Tenant shall pay its Proportionate Share of any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for separately metered utility usage within ten (10) days after receipt thereof, and any non-payment or late payment of such utility bills shall be deemed a default under the terms of this Lease. All charges for repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall be paid when the same shall become due. Notwithstanding anything to the Premises during Building Business Hours (specified contrary contained in this Lease, Landlord shall upgrade the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject electric service to the rules Building in order to provide the Premises with 1200 amps which upgrade shall be done at Landlord's sole cost and regulations expense. b) Within the Common Facilities of the Building prescribed from time to timeBuilding, Landlord shall furnish reasonably: (ai) water for use in the base Building lavatories; adequate electricity, (bii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) after business hours, (vi) heat and air conditioning in season, ("HVAC"vii) required landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow and ice removal. Tenant shall be responsible for its Proportionate Share of the cost of such services in accordance with Section 6(b) hereof. Landlord shall provide janitorial service to the Premises, five days per week, after regular business hours, in accordance with the janitorial specifications attached hereto as Exhibits F, and the costs of such service will be passed through to Tenant as set forth in Section 6. c) Except as otherwise expressly provided herein, Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or disruption of any services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or an actual or constructive eviction or entitle Tenant to an abatement of rent. Landlord shall not be responsible for providing any services not specifically provided for in this Lease. Notwithstanding anything to the contrary contained herein, in the event there is any failure or defect in service furnished to the Premises by Landlord's judgment direct control (as opposed to a public service utility company) or Landlord determines to make any repairs, additions, alterations, replacements, decorations or improvements in the Building or the Demised Premises, and Tenant shall be unable for at least seventy-two (72) hours to operate its business in the use Premises in substantially the same manner as such business was operated prior to such interruption, the Fixed Basic Rent and occupation Additional Rent shall be reduced on a per diem basis in their proportion in which the area of the untenantable portion of the Premises during Building Business Hours(i.e., although the portion of the Premises in which Tenant is unable to operate its business in substantially the same manner as such business was operated prior to such interruption) bears to the total area of the Premises, for each day subsequent to the aforesaid seventy-two (72) hour period that such portion of the Premises remains unusable. If any such interruption continues for a period in excess of thirty (30) days, Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior terminate this Lease upon notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company . Tenant, its agents, employees and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord licensees shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as access to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usepremises 24 hours per day, 7 days per week.

Appears in 1 contract

Sources: Office Space Lease (Broadview Networks Holdings Inc)

Utilities and Services. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although 6.01 Tenant shall have the right be responsible to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge pay all charges for additional HVAC service electricity, water, fuel, sewer charges, telephone, trash hauling, and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in in, servicing or assessed against the Premises shallPremises, at Landlord's option, unless otherwise herein expressly provided. All such charges shall be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge separately metered and billed by the applicable utility company provider. 6.02 Landlord shall furnish the following services (and payable directly the cost of such services shall constitute Common Area Expenses), which services shall be substantially similar to services provided at comparable first-class office buildings in DuPage County: (i) heating and air conditioning to provide a temperature condition required, in Landlord's reasonable judgment, for comfortable occupancy of the Premises under normal business operations, weekdays from 8:00 A.M. to 6:00 P.M., Saturday from 8:00 A.M. to 1:00 P.M., and Sundays and holidays excepted; (ii) water for drinking, and, subject to Landlord's approval, cold water at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) men's and women's restrooms at locations designated by Landlord and in common with other tenants of the Building; (iv) daily janitor service in the Premises and Common Areas of the Building, weekends and holidays excepted; and (v) Landlord shall furnish passenger elevator services to the Premises twenty four (24) hours of all days (except as may be reasonably and temporarily limited for security procedures, repairs, maintenance or upgrades); and (vi) electricity to the Premises with service of 6.8 ▇▇▇▇▇ per square foot (1.6 ▇▇▇▇▇ per square foot for lighting and 5.2 ▇▇▇▇▇ per square foot for receptacle loads). 6.03 Landlord shall not be obligated to furnish any services other than those stated above. Without the consent If Landlord elects to furnish services requested by Tenant in addition to those stated above (including services at times other than those stated above), Landlord shall notify Tenant prior to commencing such services of Landlord's charges in connection therewith. In the event Tenant requests additional services, Tenant shall give Landlord not less than one (1) business days' prior written notice of the date on which Tenant would like such services to commence. In the event Tenant shall elect to cause Landlord to provide such additional services, and if Tenant shall fail to make any such payment, then upon five (5) days prior notice to Tenant and in addition to all other remedies available to Landlord, Landlord may discontinue any additional services. No discontinuance of any such service shall result in any liability of Landlord to Tenant or be considered as an eviction or a disturbance of Tenant's use of electrical service shall not exceedthe Premises. Notwithstanding the foregoing, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have charge Tenant the right to measure electrical usage by commonly accepted methods, including actual cost for operation (plus any additional costs associated with depreciation and increased maintenance of equipment) for Tenant's HVAC use before or after the installation of measuring devices such normal business hours as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s)provided in Section 6.02. 8.02 6.04 Tenant agrees that Landlord will shall not be liable for damages for failure or deemed delay in defaultfurnishing any service stated above if such failure or delay is caused, in whole or in part, by any one or more of the events stated in Section 15.01, nor will there shall any such failure or delay be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive considered to be an eviction or right disturbance of Tenant's use of the Premises, or relieve Tenant from its obligation to terminate pay any Rent when due, or from any other obligations of Tenant under this Lease. 6.05 Notwithstanding anything to the contrary in the Lease, for if: (a) any services or utilities are interrupted or discontinued as a result of Landlord's negligence or willful conduct, and Tenant is unable to and does not use the Premises as a result of such interruption or reduction of utilitiesdiscontinuance, utility services or telecommunication services, and (b) Tenant shall have given written notice respecting such interruption or discontinuance to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within ten (10) consecutive days after receiving such notice, or such additional time as may be required due to any telecommunications Unavoidable Delay or other company failing to provide causes beyond Landlord's reasonable control, Rent hereunder shall thereafter be abated until such utilities or time as such services or providing utilities are restored or Tenant begins using the same defectivelyPremises again, and/or (c) any utility interruption whichever shall first occur. Such abatement of Rent shall be Tenant's sole recourse in the nature event of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms a discontinuance or other natural disastersinterruption of services or utilities required to be provided by Landlord hereunder. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves Notwithstanding the rightforegoing, in its sole discretionrecognition that Landlord must receive timely payments of Rent in order to operate the Premises, Tenant shall have no right to designate▇▇▇▇▇ Rent unless and until Tenant shall have first obtained a valid judgment by a court of competent jurisdiction finding that the foregoing grounds for an abatement of Rent have been present, at any time, and fixing the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. amount of Rent abatement to which Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useis entitled.

Appears in 1 contract

Sources: Office Space Lease (Medical Staffing Network Holdings Inc)

Utilities and Services. 8.01 5.1. From and after the Commencement Date, Landlord agrees will provide to the Premises: air-conditioning and heating during the seasons they are required in Landlord’s reasonable judgment; janitorial service after 5:30 p.m. on Monday through Friday only (excluding Holidays); electric power from the utility provider sufficient for customary lighting purposes and normal office use; standard hot and cold water in Building standard bathrooms and chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); and landscaping and snow removal during the seasons they are required. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord advance notice of such requirement (by 2:00 p.m. of the same day for extra service needed Monday through Friday, and by 2:00 p.m. on Friday for extra service needed on Saturday or Sunday). Tenant shall pay for such extra service at the rate of $75.00 per hour per zone; provided, however, that Landlord shall waive such payment for any extra service provided between 8:00 a.m. and 1:00 p.m. on Saturdays. To the extent Tenant provides or contracts for any services relating to any Building structure or system or any service or utility being provided by Landlord to the Premises during Building Business Hours directly from the supplier (specified which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain a service contract therefor with a contractor licensed to do business in the Basic Lease Informationjurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty-four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out. 5.2. Tenant shall pay the Electric Charge to Landlord, as additional rent, in advance on generally recognized business days a monthly basis, together with Base Rent, which represents the cost of electricity furnished to Tenant at the Premises. Landlord shall not be required to furnish, and Tenant shall not install a connected load (including all of Tenant’s equipment and systems, but exclusive excluding the Building systems) or otherwise draw, in excess of six (6) w▇▇▇▇ per rentable square foot of Premises; and, in any event event, Tenant’s use of Sundays and national and local legal holidays)electric energy shall never exceed the capacity of the then existing feeders, risers or wiring installations serving the following services and utilities subject Premises. If any tax is imposed upon Landlord’s receipts from the sale or resale of electric energy to Tenant (directly or indirectly through a general tax on such receipts) by any federal, state or municipal authority, then Tenant shall pay, or reimburse Landlord, such taxes (or its share thereof) in addition to the other charges for electricity described in this Section 5. Tenant will at all times comply with all rules and regulations of the Building prescribed from time Utility Company, to time: the extent the same are applicable to its use of electric energy in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any’ loss, damage or expense which Tenant may sustain or incur if (a) water for use in the base Building lavatories; supply of electric energy to the Premises is temporarily interrupted, or (b) customary heat the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Landlord, at its option, shall furnish and air conditioning ("HVAC") install all replacement lighting, tubes, lamps, bulbs and ballasts required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicablePremises; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricityevent, Tenant shall pay to Landlord or its designated contractor upon demand the then established commercially reasonable charges therefor of Landlord. 5.3. Notwithstanding the provisions of Section 5.2, Landlord, as Additional Rentat Landlord’s expense, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designatemay, at any timetime during the Term, install and maintain one or more electrical submeters to measure Tenant’s demand and consumption with respect to the electricity furnished by Landlord (such submeter(s) being herein called “Tenant’s Submeter”). In the event Tenant’s Submeter is so installed, then from and after the date of such installation Tenant, throughout the remainder of the Term, in lieu of the charges described in Section 5.2 above, shall pay Landlord for such electricity as measured by Tenant’s Submeter as follows: Tenant, for any billing period, shall pay Landlord an amount determined by applying (i) Tenant’s electrical demand (measured in KWs) and consumption (measured in KWHRs) for such period, as measured by Tenant’s Submeter, to (ii) the rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility and service providers company serving the Building (herein called the “Utility Company”) which would then be applicable to Tenant if it purchased electricity directly from the Utility Company for Tenant's use within the Property; no such designation shall impose liability upon Landlordperiod. Tenant has satisfied itself as shall pay the amount due for any billing period within thirty (30) days after being billed therefor, which bills Landlord may render from time to time (but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the adequacy actual costs incurred by Landlord to a meter company or otherwise in respect of any Landlord owned utility equipment having Tenant’s Submeter read and having bills prepared and delivered based upon such readings. 5.4. Tenant shall arrange for the quantity provision of internet and telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usePremises.

Appears in 1 contract

Sources: Lease Agreement (Timber Pharmaceuticals, Inc.)

Utilities and Services. 8.01 Landlord agrees to furnish The parties acknowledge that Tenant shall initially be responsible for the utilities and services to the Premises during Building Business Hours including, without limitation, the utilities and services listed as Tenant’s responsibility on Exhibit J attached hereto and incorporated herein by reference, and that Landlord’s responsibilities under this Article 16 do not arise until after the Turnover Date (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidaysor unless otherwise specifically set forth herein), . 16.1 Landlord shall provide the following services and utilities subject to the rules Premises to a standard consistent with those provided to Comparable Buildings: the following services shall be provided 24 hours per day, 7 days per week, 365 days per year unless Tenant elects to reduce such hours: hot and regulations cold water; gas; heat, ventilation and air conditioning; light; telephone; fire and life safety; electricity; sewer; other utilities; security system services existing as of the Term Commencement Date. In addition, Landlord shall provide cleaning (internal and external) and trash removal at reasonable times or as otherwise mutually agreed to by Landlord and Tenant (provided Landlord shall use commercially reasonable efforts to provide internal cleaning and trash removal after 5:00 p.m. on weekdays); extermination and pest control at appropriate intervals; snow removal from sidewalks, drives, and entrances at reasonable times or as otherwise mutually agreed to by Landlord and Tenant (provided Landlord shall use commercially reasonable efforts to provide such snow removal prior to 7:00 a.m. on any weekday or weekend day); elevator service with at least one (1) elevator in service and operational at all times; and access to the Premises (including, without limitation, the Building prescribed from time and the parking facilities) twenty-four (24) hours per day, three hundred sixty-five (365) days per year. Tenant shall pay for the foregoing along with any fees, surcharges and taxes thereon. If any such utility is not separately metered to time: Tenant, Tenant shall pay a reasonable proportion (ato be determined by Landlord based on Tenant’s usage) water for use of all charges of such utility jointly metered with other premises in the base Building lavatories; (b) customary heat as part of Tenant’s Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and air conditioning ("HVAC") required in pay the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Landlord's judgment for . Notwithstanding the use foregoing, during the Lease Term, Landlord and occupation Tenant shall discuss, on an annual basis, the scope of the Premises during Building Business Hours, although services and utilities to be provided to Tenant under this Lease and Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge request and Landlord shall consider in good faith any request for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant adjustment in the Premises shall, at Landlord's option, be paid for by amount and/or quality of services and utilities provided Tenant either: (i) through inclusion in confirms that it shall pay the costs of the same as Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant Expenses. 16.2 Except with respect to Landlord; the gross negligence or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent intentional misconduct of Landlord, its contractors, employees or agents, Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service Landlord is required to provide pursuant to this Lease, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant's , as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord’s control (collectively, “Force Majeure”). In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. Landlord shall exercise reasonable diligence and good faith efforts to remedy any interruption, curtailment, stoppage or suspension of services, utilities or systems, and if any interruption of the services, utilities or systems is caused by Landlord’s gross negligence or willful misconduct and shall continue for more than [***] business days and shall render any material portion of the Premises unusable for the purpose of conducting Tenant’s business as permitted under this Lease, then all Base Rent payable hereunder with respect to the affected portion of the Premises shall be abated for the period beginning on the sixth (6th) business day of such failure and shall continue until substantial use of electrical service shall the entire Premises is restored to Tenant. In addition, if any such interruption is caused by the gross negligence or willful misconduct of Landlord and such interruption renders a material portion of the Premises untenantable or reasonably unusable by Tenant for its business purposes, and Tenant, by reason thereof, cannot exceedoccupy all or such material portion of the Premises for [***] consecutive days or a total of [***], either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord then Tenant shall have the right to measure electrical usage terminate this Lease by commonly accepted methodsgiving notice to Landlord within [***] days after such [***] day period expires, including and the installation parties shall have no further obligations to each other except for such obligations as are expressly stated in this Lease to survive the termination of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, this Lease. 16.3 Tenant shall pay Landlordfor, as Additional Rentprior to delinquency of payment therefor, any utilities and services that may be furnished to the cost Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of such excess electrical usage and for the cost of purchasing and installing Term, after the measuring device(s). 8.02 Term, beyond those utilities required to be provided by Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right pursuant to terminate this Lease, for including telephone, internet service, cable television and other telecommunications, together with any fees, surcharges and taxes thereon. Upon Landlord’s demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of such utilities or services. 16.4 Regardless of whether a Turnover has occurred, Tenant .shall not, without Landlord’s prior written consent, use any device in the Premises (including data processing machines) that will in any way (a) any interruption increase the amount of ventilation, air exchange, gas, steam, electricity or reduction water beyond the existing capacity of utilities, utility services the Building or telecommunication services, the Project as proportionately allocated to the Premises based upon Tenant’s Pro Rata Share of the Common Areas; or (b) any telecommunications exceed Tenant’s Pro Rata Share of the Building’s or other company failing Project’s (as applicable) capacity to provide such utilities or services or providing services, unless Tenant makes alterations to the same defectivelyto permit such device and agrees to pay any increased costs in connection therewith, and/or provided Tenant shall obtain Landlord’s prior approval with respect to any such alterations (c) any utility interruption unless such alterations constitute Cosmetic Alterations), such approval not to be unreasonably withheld, conditioned or delayed. 16.5 Landlord shall ensure that the Project will be managed and operated in accordance with comparable standards of quality followed in Comparable Buildings and Landlord shall take reasonable efforts to advise Tenant of all status changes relating to the management personnel for the Building. 16.6 Landlord shall provide hot and cold water in the nature of blackoutsPremises for drinking, brownoutslavatory, rolling interruptionskitchen, hurricanestoilet and ordinary cleaning purposes only; provided, tropical storms however, that if Landlord determines that Tenant requires, uses or consumes water for any purpose other natural disastersthan such purposes, Landlord may install a water meter. Tenant Landlord shall keep said meter and installation equipment in good working order and repair at Landlord’s sole cost and expense. ▇▇▇▇▇▇ agrees to comply 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. 16.7 Regardless of whether or not a Turnover has occurred, provided Landlord does not unreasonably interfere with any energy conservation programs required by Law or implemented by Landlord. ▇▇▇▇▇▇’s use of the Premises and provided Landlord uses commercially reasonable efforts to provide such service again as soon as is reasonably possible after the cessation thereof, Landlord reserves the rightright to stop service of the elevator, in its sole discretionplumbing, ventilation, air conditioning and electric systems due to designateaccident, at 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; 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 timecovenants 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 utility and service providers for benefit of Tenant's use within , shall not be deemed breached if Landlord is unable to furnish or perform the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy same by virtue of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useForce Majeure.

Appears in 1 contract

Sources: Lease (Macrogenics Inc)

Utilities and Services. 8.01 (A) Provided that Tenant is not in material default hereunder, Landlord agrees to furnish or cause to be furnished to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services utilities and utilities services, subject to the rules conditions and regulations standards set forth below and -11- elsewhere herein: (i) Landlord shall provide automatic elevator facilities from 8:00 a.m. to 6:00 p.m., Monday through Friday (legal holidays listed in Exhibit "E" "Legal Holidays" excepted), and shall have at least one elevator available for use at all other times. (ii) From 8:00 a.m. to 6:00 p.m., Monday through Friday (Legal Holidays excepted), Landlord shall, subject to interruptions beyond Landlord's control and subject to subparagraph 3(E), furnish heat or air-conditioning subject to any governmental requirements or standards relating to, among other things, energy conservation. Upon reasonable, prior written request, Landlord shall make available at Tenant's expense, after-hours heat or air-conditioning, and Tenant shall be responsible for payment of all costs associated with such after hours heat or air conditioning. The charge for after-hours heat or air-conditioning shall be reasonably determined by Landlord and confirmed in writing to Tenant, as the Building prescribed same may change from time to time: (a) water . At the date of this Lease the charge is $50.00 per hour per zone There shall be a minimum charge of one hour for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation every partial hour of the Premises during Building Business Hours, although usage. Tenant shall have pay the right to receive HVAC service during after hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; charges promptly and, in any event, within ten (c10) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or days after receipt of written confirmation. (iii) by separate charge billed Landlord shall furnish to the Premises, subject to interruptions beyond Landlord's control and subject to subparagraphs 3(E) and 9(B), electric current as required by the applicable utility company building standard office lighting and payable directly by Tenantreceptacles. Without the consent of Landlord, At no time shall Tenant's use of electric current exceed the Premises' capacity of 3.5 watt▇ ▇▇▇ square foot for lighting and power. Landlord represents that Landlord will furnish electric current of 3.5 watt▇ ▇▇▇ square foot for lighting and power and for purposes of air supply and distribution of HVAC System and that Landlord will not reduce said capacity during the term hereof. To the extent Tenant design exceeds the electrical service shall not exceed, either in voltage, rated current design capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Buildingthen Tenant will pay all costs of providing additional required electrical service. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay the after hours charges promptly and, in any event, within ten (10) days after receipt of written confirmation. (iv) Landlord shall, subject to interruptions beyond Landlord's control and other provisions hereunder, furnish the building with water for heating, ventilating, air conditioning, drinking and lavatory purposes only. (v) Landlord shall provide janitorial services to the Building and Premises, in accordance with Exhibit "F" provided that the Premises are kept in good order by Tenant. Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and rubbish to the extent that the same exceeds the refuse and rubbish usually attendant upon the use of the Premises as offices. (vi) Landlord shall replace, as Additional Rentnecessary, the fluorescent tubes in the standard lighting fixtures installed by Landlord. Tenant agrees to reimburse Landlord upon demand for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment fluorescent tubes and the quantity of telephone lines labor and other service connections to the "Building's Point of Demarcation" available overhead for Tenant's usetheir installation.

Appears in 1 contract

Sources: Commencement Date Memorandum (Quintiles Transnational Corp)

Utilities and Services. 8.01 From and after June 1, 2002, Paragraph 12 of the Lease is hereby amended and restated in its entirety as follows: "Landlord agrees to shall furnish to the Premises during Building Business Hours (specified in and to the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays)Project, the following services utilities and utilities subject to services: (i) water, gas and electricity reasonably suitable for the rules and regulations intended use of the Building prescribed from time to time: Premises and the Project, twenty-four (a24) water for use in hours every day of the base Building lavatories; week, (bii) customary heat and air conditioning ("HVAC") required in Landlord's judgment reasonably suitable for the comfortable use and occupation of the Premises and the Project during Building Business Hoursbusiness hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) refuse collection and janitorial services. Tenant agrees that at all times it will cooperate fully with Landlord and abide by separate charge billed by the applicable utility company all reasonable regulations and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, requirements that which Landlord reasonably deems to be standard may prescribe for the Buildingproper functioning and protection of the heating, ventilating and air conditioning systems. Landlord shall have cooperate with Tenant to provide heating, ventilating and air conditioning to all or any portion of the right to measure electrical usage Premises outside of Business Hours if requested by commonly accepted methodsTenant, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall reimburse Landlord for its actual costs in so providing such service as reasonably estimated by Landlord. Business Hours shall mean: Monday through Friday, excluding generally observed national holidays, from 7:00 a.m. to 7:00 p.m. Tenant shall arrange for and pay for all telephone, and all other services supplied to or consumed on the Premises and not provided by Landlord, as Additional Rent. In the event that any service is not separately metered or billed to the Premises, the cost of such utility service or other service shall be a common area charge and Tenant shall pay its percentage share of such cost to Landlord as provided in paragraph 16. In addition, the cost of all utilities and services furnished by Landlord to the Premises and to the Project shall be a common area charge and Tenant shall pay its percentage share of such costs to Landlord as provided in paragraph 16, except as such costs may be specifically allocated otherwise herein. Tenant shall pay directly to Landlord (and such amount shall not be included as a common area charge) for any water, gas, electricity or HVAC usage that is separately metered to the Premises or any part thereof. If Tenant's use of any such utility or service is materially in excess electrical usage of the average furnished to the other tenants of the Project, and such utility or service is not separately metered, then Tenant shall pay to Landlord upon demand, as additional rent, the full cost of such excess use, as reasonably determined by Landlord, or Landlord may cause such utility or service to be separately metered, in which case Tenant shall pay the full cost of such utility or service and reimburse Landlord upon demand for the cost of purchasing and installing the measuring device(s)separate meter. 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.

Appears in 1 contract

Sources: Lease (Cmgi Inc)

Utilities and Services. 8.01 (a) From 8:00 a.m. to 6:00 p.m. on weekdays, and 8:00 a.m. to 12:00 p.m. Saturdays (“Normal Business Hours” (excluding legal holidays)), Landlord agrees to shall furnish to the Premises electricity for lighting and operation of customary office machines, water, heat and air conditioning, and elevator service (at least one elevator shall be in service 24 hours a day, 7 days a week). During all other hours, Landlord shall furnish such service except for heat and air conditioning. Landlord shall provide janitorial services for the Premises on weekdays (excluding legal holidays) as determined reasonably necessary by Landlord. Tenant shall separately arrange with, and pay directly to, the applicable local public authorities or utilities, as the case may be, for the furnishing, installation and maintenance of all telephone services and equipment as may be required by Tenant in the use of the Premises. Landlord shall not be liable for any damages resulting from interruption of, or Tenant’s inability to receive such service, and any such inability shall not relieve Tenant of any of its obligations under this Lease. If at any time during Building the Term Landlord shall determine that installation of a separate electrical meter for the Premises is necessary or desirable as a result of Tenant’s electrical usage, Landlord shall pay the cost of installing and maintaining such meter and Tenant shall pay the cost of Tenant’s electrical usage as measured by such meter. (b) If requested by Tenant, Landlord shall furnish heat and air conditioning at times other than Normal Business Hours and the cost of such services as established by Landlord shall be paid by Tenant as Additional Rent, payable concurrently with the next installment of Base Rent. As of the date of this Lease, the overtime HVAC charge is $50.00 per hour, per floor. (specified c) Without limiting the terms of Paragraph 5(a) above, Tenant acknowledges that Landlord has contracted with Potomac Electric Power Company to provide electricity for the Building, and that Landlord reserves the right to change the provider of such service at any time and from time to time in Landlord’s sole discretion (any such provider being referred to herein as the “Electric Service Provider”). Tenant shall obtain and accept electrical service for the Premises only from and through Landlord, in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays manner and national and local legal holidays), the following services and utilities subject to the rules extent expressly provided in this Lease, at all times during the term of this Lease, and regulations Tenant shall have no right (and hereby waives any right Tenant may otherwise have) (i) to contract with or otherwise obtain any electrical service for or with respect to the Premises or Tenant’s operations therein from any provider of electrical service other than the Electric Service Provider, or (ii) to enter into any separate or direct contract or other similar arrangement with the Electric Service Provider for the provision of electrical service to Tenant at the Premises. Tenant shall cooperate with Landlord and the Electric Service Provider at all times to facilitate the delivery of electrical service to Tenant at the Premises and to the Building, including without limitation allowing Landlord and the Electric Service Provider, and their respective agents and contractors, (a) to install, repair, replace, improve and remove and any and all electric lines, feeders, risers, junction boxes, wiring, and other electrical equipment, machinery and facilities now or hereafter located within the Building prescribed or the Premises for the purpose of providing electrical service to or within the Premises or the Building, and (b) reasonable access for the purpose of maintaining, repairing, replacing or upgrading such electrical service from time to time: (a) water . Tenant shall provide such information and specifications regarding Tenant’s use or projected use of electricity at the Premises as shall be required from time to time by Landlord or the Electric Service Provider to efficiently provide electrical service to the Premises or the Building. In no event shall Landlord be liable or responsible for use any loss, damage, expense or liability, including without limitation loss of business or any consequential damages, arising from any failure or inadequacy of the electrical service being provided to the Premises or the Building, whether resulting from any change, failure, interference, disruption, or defect in the base supply or character of the electrical service furnished to the Premises or the Building, or arising from the partial or total unavailability of electrical service to the Premises or the Building, from any cause whatsoever, or otherwise, nor shall any such failure, inadequacy, change, interference, disruption, defect or unavailability constitute an actual or constructive eviction of Tenant, or entitle Tenant to any abatement or diminution of Rent or otherwise relieve Tenant from any of its obligations under this Lease. (d) Tenant acknowledges that the Premises, the Building lavatories; and/or the Project may become subject to the rationing of Utility services or restrictions on Utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall be subject to such rationing or restrictions as may be imposed upon Landlord, Tenant, the Premises, the Building and/or the Project, and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant agrees to comply with energy conservation programs implemented by Landlord by reason of rationing, restrictions or Laws. (be) customary heat and air Landlord shall not be liable for any loss, injury or damage to property caused by or resulting from any variation, interruption, or failure of Utilities. No temporary interruption or failure of such services incident to the making of repairs, alterations, improvements, or due to accident, strike, or conditions or other events shall be deemed an eviction of Tenant or relieve Tenant from any of its obligations hereunder. In no event shall Landlord be liable to Tenant for any damage to the Premises or for any loss, damage or injury to any property therein or thereon occasioned by bursting, rupture, leakage or overflow of any plumbing or other pipes (including, without limitation, water, steam, and/or refrigerant lines), sprinklers, tanks, drains, drinking fountains or washstands, or other similar cause in, above, upon or about the Premises, the Building, or the Project. (f) Landlord makes no representation with respect to the adequacy or fitness of the air-conditioning ("HVAC") or ventilation equipment in the Building to maintain temperatures which may be required in Landlord's judgment for the use and occupation for, or because of, any equipment of Tenant, other than normal fractional horsepower office equipment, or occupancy of the Premises during Building Business Hours, although by more than one person per 200 rentable square feet. Landlord warrants that all HVAC equipment serving the Premises will be in good working order as of the Commencement Date. Tenant shall have the right to receive HVAC service during hours not, without Landlord’s prior written consent, use heat-generating machines, machines other than Building Business Hours normal fractional horsepower office machines, equipment or lighting other than building standard lights in the Premises, which may affect the temperature otherwise maintained by paying Landlord's then standard charge the air conditioning system or increase the water normally furnished for additional HVAC service and providing such prior notice as reasonably specified the Premises by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with Landlord pursuant to the terms and conditions in of this Section 8.01; and (g) Paragraph 5. If such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shallconsent is given, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methodsinstall supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage installation, operation and for the cost of purchasing maintenance, increased wear and installing the measuring device(s). 8.02 tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented upon billing by Landlord. Tenant shall not use water or heat or air conditioning in excess of that normally supplied by Landlord. Tenant’s consumption of electricity shall not exceed five (5) w▇▇▇▇ per rentable square foot. (g) Notwithstanding the foregoing, (i) to the extent any of the foregoing services for which Landlord reserves is responsible are not furnished to the rightPremises for five (5) or more consecutive days after Landlord receives notice from Tenant, in its sole discretion(ii) the Premises are rendered untenantable due to the Landlord’s failure to deliver such services, to designateand (iii) the Landlord is not diligently pursuing a cure of such interruption, at any timethen commencing with the sixth (6th) day after Landlord receives such notice, the utility Base Rent shall be abated until the Premises are again tenantable. Such abatement shall be Tenant’s sole and service providers for Tenant's use within the Property; no exclusive remedy due to any such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useinterruption.

Appears in 1 contract

Sources: Deed of Lease (Sucampo Pharmaceuticals, Inc.)

Utilities and Services. 8.01 5.1.1 In accordance with Section 3.3 of this Lease, as additional rent, Tenant shall pay its share of all charges for heat, water, light, gas, electricity, sewer, garbage, fire protection and any other utilities and/or services used or consumed on or supplied to the Building and/or the Park, including the Premises, and not separately metered or charged to Tenant or any other tenant of the Building or the Park. Tenant shall be solely responsible for and shall promptly pay when due all charges for telephone and all other charges, which are separately metered or charged to the Premises. 5.1.2 Landlord agrees shall cause the public and common areas of the Building, such as lobbies, elevators, stairs, corridors and restrooms, to furnish be maintained in reasonably good order and condition, except for damage occasioned by any act or omission of Tenant or Tenant's officers, contractors, agents, invitees, licensees or employees, the repair of which latter damage shall be paid for by Tenant. Twenty-four (24) hours per day, seven (7) days per week, Tenant shall have access to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules such Building and regulations of the Building prescribed Park security systems and procedures as may be in place from time to time: ), and Tenant shall have available to it water and electrical service for lighting and operation of 110-volt office machines. From 7:00 a.m. to 6:00 p.m. on weekdays (ai.e., Monday through Friday) water for use in and 8:00 a.m. to 1:00 p.m. on Saturdays, excluding legal holidays and holiday weekends (collectively "Normal Business Hours"), Landlord shall furnish the base Building lavatories; (b) customary Premises with heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building services. If requested by Tenant, Landlord shall furnish such services at times other than Normal Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, for the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 after-hours services at rates established by Landlord from time to time. Landlord will not be liable provide janitorial services customary for buildings comparable to the Building in quality and location. If Tenant requires excessive or deemed specialized janitorial services, Tenant shall promptly pay Landlord the additional costs and expenses incurred by Landlord in default, nor will there be any abatement of rent, breach of providing such services. If Tenant breaches any covenant or condition of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for including but not limited to the payment of rent or additional rent, Landlord may apply all or any part of the security deposit to the payment of any sum in default and any damage suffered by Landlord as a result of Tenant's breach. In such event, Tenant shall, within five (a5) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented days after written demand therefor by Landlord, deposit with Landlord the amount so applied. Any payment to Landlord reserves from the right, in its sole discretion, to designate, at security deposit shall not be construed as a payment of liquidated damages for any timedefault. If Tenant complies with all of the covenants and conditions of this Lease throughout the Lease term, the utility and service providers for security deposit shall be repaid to Tenant without interest within 30 days after the vacation of the Premises by Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.

Appears in 1 contract

Sources: Lease (Pivotal Corp)

Utilities and Services. 8.01 a) Landlord agrees to shall furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays)with electricity, the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat heating and air conditioning ("HVAC") required in Landlord's judgment for the normal use and occupation occupancy of the Premises as general offices twenty four hours per day each during the Term. The HVAC equipment at the Premises shall provide interior conditions of 75 degrees dry bulb when the outside conditions are 93 degrees dry bulb for summer and 70 degrees dry bulb for winter when the outside conditions are 10 degrees dry bulb for winter. The Building Business Hours, although Tenant air conditioning system shall have the right to receive HVAC service during hours other provide ventilation at a rate not less than Building Business Hours by paying Landlord's then standard charge for additional HVAC service 20 cubic feet per minute per person in office areas and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate not less than 75 cubic feet per minute per fixture for the Propertypublic restrooms. Electricity and/or any other services or utilities Tenant agrees to pay as Additional Rent all charges for electricity and gas used by Tenant in at the Premises shall, at Landlord's option, be paid for based upon its metered usage as reasonably determined by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by Landlord unless the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check metersPremises is separately metered. If it is determined that Tenant is shall require electricity or install electrical equipment using current in excess electricityof 110 volts or which will in any way increase the amount of electricity furnished by Landlord for general office use (including but not limited to electrical heating or refrigeration equipment or electronic data processing machines), Tenant shall pay Landlordwill obtain prior written approval from Landlord and will pay, as Additional Rent, for the cost resulting additional direct expense to Landlord, including the expense resulting from the installation of any equipment and meters, promptly upon receipt of an invoice from Landlord. b) Within the common areas of the Building and within the Premises, Landlord shall furnish: (1) adequate gas and electricity, (ii) hot and cold water and sewer, (iii) lavatory facilities and supplies, (iv) normal and customary cleaning services (on a five-day a week basis, Building Holidays excepted) after business hours, (v) heat and air conditioning in season, and Landlord shall supply (vi) landscaping, (vii) parking lot maintenance, (viii) common area maintenance and (ix) snow and ice removal (“Landlord’s Services”). Tenant shall be responsible for its Proportionate Share of such excess electrical usage and for services in accordance with Section 6(b) hereof. Notwithstanding anything contained to the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed contrary in defaultSection 6(b)(i) herein, nor will there be any abatement of rentTenant acknowledges that it has elected to use its own janitorial service company, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other which company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented has been approved by Landlord. Landlord reserves As a result of the rightforegoing, in its sole discretion, to designate, at any time, the utility and Landlord’s expenses for janitorial service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy Premises shall not be included in Annual Operating Expenses or calculated into the Expense Stop, and Tenant shall be entitled to a credit against the Fixed Basic Rent in an amount equal to Seventy-four Thousand Six Hundred Seventy-six and 66 ($74,676.66) Dollars per annum which shall be credited monthly against the Fixed Basic Rent in the amount of any Landlord owned utility equipment Six Thousand Two Hundred Twenty-three and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.06/100 ($6,223.06)

Appears in 1 contract

Sources: Office Lease (Icon PLC /Adr/)

Utilities and Services. 8.01 A. Except as provided in this Lease, Landlord agrees to furnish shall provide or have third parties provide to the Premises during Building Business Hours for use by Tenant the utility services (specified the “Utility Services”) which are provided to the Premises as of the Commencement Date, which are hot and cold running water, sewer services, heat, ventilation and air conditioning as stated in Section 13, natural gas and electricity. The cost of said Utility Services are included as part of the Basic Fixed Rent. Landlord may provide or have third parties provide Utility Services to the Premises in excess of those being provided as of the Commencement Date if Tenant desires such change as long as Tenant notifies Landlord of such change, and Tenant pays the increased cost of such Utility Services as Additional Rent. The term “Utility Services” expressly excludes, and Landlord shall have no obligation under this Lease Information) on generally recognized business days (but exclusive in to provide, telephone, telecommunication, network and desktop services, any event IT services, and specialty gases all of Sundays which are to be provided to Tenant pursuant to separate agreements with Landlord or direct contracts between Tenant and national third party providers. B. As part of the consideration for payment of Fixed Rent above specified, the Landlord, at its own expense, shall furnish, supply and local legal holidays)properly maintain for the Tenant, the following services (the “Other Services”): (i) Care in good condition and utilities appearance of landscaping existing on the Project as of the Commencement Date which shall mean basic outside landscaping services to include watering, fertilizing and grass cutting during the growing season; (ii) Janitorial services to the Office Space in accordance with Exhibit H and expressly excluding such services for the Fab Space and the Lab Space; (iii) Parking lot lighting from dusk until ▇▇▇▇ – seven days per week; (iv) Passenger (at all times) and freight (subject to scheduling) elevator service; (v) Shipping, receiving and mail room services daily Monday through Friday; provided that these services do not include the rules and regulations of the Building prescribed from time cost to time: (a) water for use in the base Building lavatoriesmail or ship Tenant’s property; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have Landlord reserves the right to receive HVAC service during hours contract with a third party vendor to run the mail room and shipping and receiving operations at the Project; (vi) Access cards programmed by Landlord for each employee or other than Building Business Hours person that Tenant notifies Landlord has been permanently assigned by paying Landlord's then standard charge Tenant to the Premises; Tenant will be responsible for additional HVAC service and providing such prior notice as reasonably specified security identification badges for employees which will be honored by Landlord; (vii) restroom facilities; and (cviii) standard operation, maintenance, repair, cleaning (including janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity services in accordance with Project wide specifications for all Common Areas of the terms Project) and conditions supply of the Common Areas in this Section 8.01; good condition. C. Except as provided herein, Tenant shall be responsible for procuring its own supplies and (g) such other services as Landlord reasonably determines are necessary or appropriate in connection with its operations at, and use and occupancy of, the Premises. Tenant shall provide its own janitorial services for the PropertyFab Space and the Lab Space. Electricity and/or Tenant shall be responsible for reimbursing Landlord as Additional Rent for any other mailing, shipping or receiving charges payable to ship or mail Tenant’s property. D. Landlord shall provide the Other Services and the Utility Services (collectively, the “Services”) hereunder to substantially the extent, quantity and quality that such services or utilities used by Tenant in are provided as of the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the BuildingCommencement Date. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing required to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as Services to the adequacy of extent such Services would require Landlord to violate any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useLegal Requirements.

Appears in 1 contract

Sources: Lease Agreement (Everspin Technologies Inc)

Utilities and Services. 8.01 Landlord agrees to furnish The parties acknowledge that Tenant shall initially be responsible for the utilities and services to the Premises during Building Business Hours including, without limitation, the utilities and services listed as Tenant's responsibility on Exhibit J attached hereto and incorporated herein by reference, and that Landlord's responsibilities under this Article 16 do not arise until after the Turnover Date (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidaysor unless otherwise specifically set forth herein), . 16.1. Landlord shall provide the following services and utilities subject to the rules Premises to a standard consistent with those provided to Comparable Buildings: the following services shall be provided 24 hours per day, 7 days per week, 365 days per year unless Tenant elects to reduce such hours: hot and regulations cold water; gas; heat, ventilation and air conditioning; light; telephone; fire and life safety; electricity; sewer; other utilities; security system services existing as of the Term Commencement Date. In addition, Landlord shall provide cleaning (internal and external) and trash removal at reasonable times or as otherwise mutually agreed to by Landlord and Tenant (provided Landlord shall use commercially reasonable efforts to provide internal cleaning and trash removal after 5:00 p.m. on weekdays); extermination and pest control at appropriate intervals; snow removal from sidewalks, drives, and entrances at reasonable times or as otherwise mutually agreed to by Landlord and Tenant (provided Landlord shall use commercially reasonable efforts to provide such snow removal prior to 7:00 a.m. on any weekday or weekend day); elevator service with at least one (1) elevator in service and operational at all times; and access to the Premises (including, without limitation, the Building prescribed from time and the parking facilities) twenty-four (24) hours per day, three hundred sixty-five (365) days per year. Tenant shall pay for the foregoing along with any fees, surcharges and taxes thereon. If any such utility is not separately metered to time: Tenant, Tenant shall pay a reasonable proportion (ato be determined by Landlord based on Tenant's usage) water for use of all charges of such utility jointly metered with other premises in the base Building lavatories; (b) customary heat as part of Tenant's Pro Rata Share of Operating Expenses or, in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and air conditioning ("HVAC") required in pay the cost of purchasing, installing and monitoring such metering equipment, which cost shall be paid by Landlord's judgment for . Notwithstanding the use foregoing, during the Lease Term, Landlord and occupation Tenant shall discuss, on an annual basis, the scope of the Premises during Building Business Hours, although services and utilities to be provided to Tenant under this Lease and Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge request and Landlord shall consider in good faith any request for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant adjustment in the Premises shall, at Landlord's option, be paid for by amount and/or quality of services and utilities provided Tenant either: (i) through inclusion in confirms that it shall pay the costs of the same as Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant Expenses. 16.2. Except with respect to Landlord; the gross negligence or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent intentional misconduct of Landlord, its contractors, employees or agents, Landlord shall not be liable for, nor shall any eviction of Tenant result from, the failure to furnish any utility or service Landlord is required to provide pursuant to this Lease, whether or not such failure is caused by accident; breakage; repair; strike, lockout or other labor disturbance or labor dispute of any character; act of terrorism; shortage of materials, which shortage is not unique to Landlord or Tenant, as the case may be; governmental regulation, moratorium or other governmental action, inaction or delay; or other causes beyond Landlord's control (collectively, "Force Majeure"). In the event of such failure, Tenant shall not be entitled to termination of this Lease or any abatement or reduction of Rent, nor shall Tenant be relieved from the operation of any covenant or agreement of this Lease. Landlord shall exercise reasonable diligence and good faith efforts to remedy any interruption, curtailment, stoppage or suspension of services, utilities or systems, and if any interruption of the services, utilities or systems is caused by Landlord's gross negligence or willful misconduct and shall continue for more than five (5) business days and shall render any material portion of the Premises unusable for the purpose of conducting Tenant's business as permitted under this Lease, then all Base Rent payable hereunder with respect to the affected portion of the Premises shall be abated for the period beginning on the sixth (6th) business day of such failure and shall continue until substantial use of electrical service shall the entire Premises is restored to Tenant. In addition, if any such interruption is caused by the gross negligence or willful misconduct of Landlord and such interruption renders a material portion of the Premises untenantable or reasonably unusable by Tenant for its business purposes, and Tenant, by reason thereof, cannot exceedoccupy all or such material portion of the Premises for thirty (30) consecutive days or a total of ninety (90) days out of a one hundred twenty (120) consecutive day period, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord then Tenant shall have the right to measure electrical usage terminate this Lease by commonly accepted methodsgiving notice to Landlord within thirty (30) days after such one hundred twenty (120) day period expires, including and the installation parties shall have no further obligations to each other except for such obligations as are expressly stated in this Lease to survive the termination of measuring devices such as submeters and check metersthis Lease. 16.3. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlordfor, as Additional Rentprior to delinquency of payment therefor, any utilities and services that may be furnished to the cost Premises during or, if Tenant occupies the Premises after the expiration or earlier termination of such excess electrical usage and for the cost of purchasing and installing Term, after the measuring device(s). 8.02 Term, beyond those utilities required to be provided by Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right pursuant to terminate this Lease, for (a) including telephone, internet service, cable television and other telecommunications, together with any interruption or reduction fees, surcharges and taxes thereon. Upon Landlord's demand, utilities and services provided to the Premises that are separately metered shall be paid by Tenant directly to the supplier of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useservices.

Appears in 1 contract

Sources: Lease (Macrogenics Inc)

Utilities and Services. 8.01 6.1 Landlord agrees to furnish will arrange for the furnishing of electricity to the Premises during Building Business Hours (specified Demised Premises. The usage of electricity in the Basic Lease InformationDemised Premises will be separately metered, and Tenant shall pay for such electricity usage at the applicable General (Secondary) on generally recognized business Service Rate of The Detroit Edison Company, such charge for electricity to be payable, as additional rent, in monthly installments payable within thirty (30) days (but exclusive in any event following receipt of Sundays and national and local legal holidays), an invoice from Landlord. 6.2 Landlord shall furnish the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: Demised Premises with (a) water for use heat, ventilation and air conditioning from 7:00 AM to 7:00 PM on weekdays, from 8:00 AM to 5:00 PM on Saturdays; provided that (i) Landlord shall not be required to provide heat, ventilation and air conditioning on New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas Day (collectively, "Legal Holidays"), (ii) Landlord shall not be required to provide heat, ventilation and air conditioning in violation of any applicable policies or regulations adopted by any utility or governmental agency, and (iii) Landlord shall not be required to install supplemental ventilation and air conditioning equipment to service the base Building lavatories; Demised Premises, (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hourselevator service twenty-four hours a day, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; seven days a week, (c) standard janitorial service; domestic water in common with other tenants for drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord in the common area restrooms and the Breakroom in the Demised Premises, and (d) elevator service by non-attended automatic elevators, if applicable; janitorial services on weekday nights (excluding Legal Holidays) between the hours of 6:00 PM and (e) electricity 12:00 AM in accordance with Exhibit “D” attached hereto, provided, however, Landlord shall not be responsible for removal and disposal of trash in excess of that created as a result of normal office operations. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall the terms rental herein reserved be abated or an actual or constructive eviction or partial eviction be deemed to have occurred by reason of any of the following (a “Service Interruption”): (1) the failure, interruption or malfunctioning of any electrical or mechanical equipment, utility or other service to the Building; (2) the installation, use or interruption of use, of any equipment in connection with the furnishing of any of the foregoing services as described in Section 6.1 and conditions in the preceding paragraph of this Section 8.01; and 6.2, (g3) the failure to furnish or delay in furnishing any such other services as when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord reasonably determines are or by the making of necessary repairs or appropriate for improvements to the Property. Electricity and/or Demised Premises or to the Building (provided that, to the extent commercially reasonable, Landlord will endeavor to perform such repairs or improvements in a manner which will minimize any interference with business operations in the Demised Premises), or (4) any limitation, curtailment, rationing or restriction on use of water, electricity, steam, gas or any other services form of energy serving the Demised Premises or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have use commercially reasonable efforts diligently to remedy any interruption in the right to measure electrical usage by commonly accepted methodsfurnishing of such services. Notwithstanding the preceding paragraph, including in the installation of measuring devices such as submeters and check meters. If it is determined event that Tenant is prevented from using, and does not use, the Demised Premises or any portion thereof, for more than three (3) consecutive Business Days as a result of a Service Interruption caused by the negligence or willful act of Landlord, its agents, contractors or employees, then Tenant's Basic Rental and additional rent shall be abated or reduced, as the case may be, after expiration of the 3-day period for such time that Tenant continues to be so prevented from using the Demised Premises or a portion thereof, in the proportion that the rentable area of the portion of the Demised Premises that Tenant is prevented from using, 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 excess of that required to be provided by Landlord pursuant to Section 6.2 hereof, 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, and (ii) janitorial service in excess of, or at different times than, the service required to be provided by Landlord pursuant to Section 6.2 hereof. 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 Section 6.2 hereof. The charge for operating the base building HVAC system on the second floor of the Building in excess of the hours set forth in Section 6.2 hereof shall be (i) $45.00 per hour during the period beginning on November 1 and ending on March 31, and (ii) $75.00 per hour during the period beginning on April 1 and ending on October 31, provided that the foregoing charges shall be adjusted on January 1, 2024 and on January 1 of each year thereafter based upon any increase in the cost of electricity. 7.1 Landlord shall maintain the following in good order and condition comparable to other first-class buildings in the ▇▇▇▇ office market: (i) the common areas, including any lobbies, stairs, elevators, corridors, and restrooms, (ii) the windows and exterior walls, roofs, foundations, and structure of the Building, and (iii) the mechanical heating, ventilation, air-conditioning, fire protection, plumbing, electrical equipment, and life safety systems servicing the Building. In addition, Landlord shall be required to make all repairs to the Demised Premises (a) which are necessitated by the negligence or willful act of Landlord or Landlord’s agents, employees, or contractors, or (b) which constitute structural repair and/or replacement work. Notwithstanding the foregoing, except as otherwise provided in Article 11 hereof, Tenant shall pay Landlord, as Additional Rent, the cost of any repairs to the Building or the Demised Premises to the extent occasioned by the negligence, willful act, or default of Tenant, its agents, employees, invitees, and contractors. All such excess electrical usage work shall be performed promptly and for in a manner which, to the cost of purchasing and installing extent reasonably possible, minimizes any interruptions or interference with ▇▇▇▇▇▇’s operations in the measuring device(s)Demised Premises. 8.02 Landlord will not be liable or deemed 7.2 Subject to the provisions of Section 7.1 hereof, Tenant shall keep the Demised Premises and every part thereof in defaultgood condition and repair, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for including (ai) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption special equipment installed in the nature of blackoutsDemised Premises by Tenant, brownoutssuch as supplemental air conditioning equipment, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.and

Appears in 1 contract

Sources: Lease Agreement (Conifer Holdings, Inc.)

Utilities and Services. 8.01 a) Landlord shall furnish the Premises with electricity, heating and air conditioning for the normal use and occupancy of the Premises as general offices between 8:00 a.m. and 6:00 p.m., Monday through Friday, of each week during the Term (Building Holidays excepted). Tenant agrees to furnish pay as Additional Rent all charges for electricity, light, heat or other utility used by Tenant at the Premises. A separate submeter has been installed and Tenant shall pay for the consumption of such utilities based upon its metered usage. If no meter is installed, Tenant shall pay its Proportionate Share of any utility charges covering the Demised Premises and the remainder of the Building. Tenant shall pay all bills for separately metered utility usage within ten (10) days after receipt thereof, and any non-payment or late payment of such utility bills shall be deemed a default under the terms of this Lease. All charges for repairs of any meters servicing the Premises shall be payable by Tenant as Additional Rent and shall be paid when the same shall become due. Notwithstanding anything to the Premises during Building Business Hours (specified contrary contained in this Lease, if necessary, Landlord shall upgrade the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject electric service to the rules Building in order to provide the Premises with 400 amps, which upgrade shall be done at Landlord's sole cost and regulations expense. b) Within the Common Facilities of the Building prescribed from time to timeBuilding, Landlord shall furnish reasonably: (ai) water for use in the base Building lavatories; adequate electricity, (bii) hot and cold water, (iii) lavatory supplies, (iv) automatically operated elevator service, (v) normal and customary cleaning services (on a five-day a week basis) after business hours, (vi) heat and air conditioning in season, ("HVAC"vii) required landscaping, (viii) parking lot maintenance, (ix) common area maintenance and (x) snow and ice removal. Tenant shall be responsible for its Proportionate Share of the cost of such services in accordance with Section 6(b) hereof. Landlord shall provide janitorial service to the Premises, five days per week, after regular business hours, in accordance with the janitorial specifications attached hereto as Exhibits F, and the costs of such service will be passed through to Tenant as set forth in Section 6. c) Except as otherwise expressly provided herein, Landlord shall not be liable for any damages to Tenant resulting from the quality, quantity, failure, unavailability or disruption of any services beyond the reasonable control of Landlord and the same shall not constitute a termination of this Lease or an actual or constructive eviction or entitle Tenant to an abatement of rent. Landlord shall not be responsible for providing any services not specifically provided for in this Lease. Notwithstanding anything to the contrary contained herein, in the event there is any failure or defect in service furnished to the Premises by Landlord's judgment direct control (as opposed to a public service utility company) or Landlord determines to make any repairs, additions, alterations, replacements, decorations or improvements in the Building or the Demised Premises, and Tenant shall be unable for at least seventy-two (72) hours to operate its business in the use Premises in substantially the same manner as such business was operated prior to such interruption, the Fixed Basic Rent and occupation Additional Rent shall be reduced on a per diem basis in their proportion in which the area of the untenantable portion of the Premises during Building Business Hours(i.e., although the portion of the Premises in which Tenant is unable to operate its business in substantially the same manner as such business was operated prior to such interruption) bears to the total area of the Premises, for each day subsequent to the aforesaid seventy-two (72) hour period that such portion of the Premises remains unusable. If any such interruption continues for a period in excess of thirty (30) days, Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior terminate this Lease upon notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company . Tenant, its agents, employees and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord licensees shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as access to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usepremises 24 hours per day, 7 days per week.

Appears in 1 contract

Sources: Office Space Lease (Broadview Networks Holdings Inc)

Utilities and Services. 8.01 Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord agrees to furnish shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national services, and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay such amount to Landlord, as Additional Rentan item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the cost definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such excess electrical usage and for costs in the cost manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of additional rent, breach within 10 days after delivery of any covenant Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined) for “after hours” usage by Tenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (aeach HVAC unit servicing the Premises. If the HVAC unit(s) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or servicing the Premises also serve other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption leased premises in the nature Building, “after hours” shall mean usage of blackoutssaid unit(s) before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, brownoutsbefore 9:00 A.M. or after 1:00 P.M. on Saturdays, rolling interruptionsand all day on Sundays and nationally-recognized holidays, hurricanes, tropical storms or other natural disasters. Tenant agrees subject to comply with any energy conservation programs required by Law or implemented reasonable adjustment of said hours by Landlord. Landlord reserves If the rightHVAC unit(s) serve only the Premises, in its sole discretion“after hours” shall mean more than 66 hours of usage during any week during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each of the foregoing periods on a “non-cumulative” basis (that is, without regard to designateTenant’s usage or nonusage of other unit(s) serving the Premises, at any timeor of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean $25.25 for each hour of “after hours” use (inclusive of the applicable electricity charges paid to the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's useprovider).

Appears in 1 contract

Sources: Lease Agreement (AVITA Medical, Inc.)

Utilities and Services. 8.01 The Landlord shall furnish electric current required for lighting purposes and the operation of ordinary office equipment typically found in modern office space ("Normal Office Use") by Tenant in accordance with Paragraph B of the Work Letter, which usage shall be measured and computed by Landlord's check meter, water, lavatory supplies, and automatically operated elevator service during normal business hours (provided normal electric service, excluding HVAC, water and elevator service shall be available 24 hours a day, seven days a week), and normal and usual cleaning and char service in accordance with the Cleaning and Char Specifications attached hereto as Exhibit E after business hours; the Landlord further agrees to furnish heat, ventilation and air-conditioning during the appropriate seasons of the year, on Monday through Friday during the hours of 8:00 a.m. through 6:00 p.m. and Saturday 9:00 a.m. to 1:00 p.m. (exclusive of legal holidays, as set forth on Exhibit F attached hereto and incorporated herein by reference ("Legal Holidays")), provided, however, that Landlord shall not be liable for failure to furnish, or for suspension or delays in furnishing, any of such services caused by breakdown, maintenance or repair work or strike, riot, civil commotion, or any cause or reason whatever beyond the Premises during Building Business Hours control of the Landlord. In the event Tenant shall require electric current in excess of that required for Normal Office, and Tenant's electrical usage exceeds an average of 4.5 ▇▇▇▇▇ per rentable square foot for all purposes including lighting and power, exclusive of HVAC and fire and life safety power (specified except specialty HVAC and fire and life safety power installed in the Basic Lease InformationDemised Premises for the benefit of Tenant) on generally recognized business days (but exclusive or the cost of such electrical usage exceeds Tenant's electric allowance set forth in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations Paragraph 3 of the Building prescribed from time Addendum, Tenant shall pay the cost thereof to time: (a) water for use in Landlord on demand. In the base Building lavatories; (b) customary heat event Tenant shall require heat, ventilation and air air-conditioning ("HVAC") in excess of that required for Normal Office Use or during hours when HVAC is not otherwise furnished by Landlord, Tenant shall pay the actual direct cost thereof, including a reasonable factor for equipment depreciation which cost currently is estimated to be $35.00 per hour per floor and all costs, if any, associated with the installation of meters to measure cooling energy. Tenant shall notify Landlord by 3:00 p.m. Monday - Thursday and by 1:00 p.m. on Friday prior to the time it requires additional HVAC; provided Landlord agrees to use reasonable efforts to accommodate Tenant's request for additional HVAC on shorter notice. In the event Tenant shall require water in Landlord's judgment excess of that usually furnished for the use and occupation of the Demised Premises during Building Business Hoursas general office space (due to the installation or use of private lavatory and/or shower facilities, although or otherwise), Tenant shall have first procure the right written consent of Landlord, which Landlord may refuse. Landlord may condition its consent upon the installation of a separate water meter to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service measure the amount of water consumed upon the Demised Premises. The cost of any such meters and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevatorsof installation, if applicable; maintenance and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, repair thereof shall be paid for by the Tenant. The Tenant either: (i) through inclusion shall execute any and all applications for service or forms required by WSSC and shall pay Landlord promptly upon demand therefor by Landlord for all water consumed as shown by said meter, at the rates charged for such service by WSSC, plus any additional charges imposed by WSSC. In the event a separate water meter is installed for the Demised Premises, then only water for the common areas of the Building shall be included in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the BuildingExpenses. Landlord shall have hereby represents that there is currently a property manager located at the right to measure electrical usage by commonly accepted methods, including Center during normal business hours and that if there is not a property manager located at the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption Center in the nature of blackoutsfuture, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required there will be a local representative available by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usetelephone.

Appears in 1 contract

Sources: Lease Agreement (V One Corp/ De)

Utilities and Services. 8.01 Tenant shall be responsible for and shall pay promptly, directly to the appropriate supplier, all charges for electricity metered to the Premises, telephone, telecommunications service, janitorial service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord agrees to furnish shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not separately metered to the Premises during Building Business Hours (specified and services, and Tenant shall pay such amount to Landlord, as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, Landlord may elect to include such cost in the Basic Lease Information) on generally recognized business definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days (but exclusive in any event after delivery of Sundays and national and local legal holidays)Landlord’s statement or invoice therefor, the following services and utilities subject to the rules and regulations of the Building prescribed Landlord’s standard charges, as determined by Landlord from time to time: time (awhich shall be in addition to the electricity charge paid to the utility provider), for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If the HVAC unit(s) water for use servicing the 15525 Premises also serve other leased premises in the base Building lavatories; (bBuilding, “after hours” shall mean usage of said unit(s) customary heat before 6:00 A.M. or after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and air conditioning ("HVAC"all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of said hours by Landlord. With respect to the 15515 Premises and if the HVAC unit(s) required in Landlord's judgment for servicing the use and occupation 15525 Premises serve only the 15525 Premises, “after hours” shall mean more than 283 hours of usage during any month during the Term. “After hours” usage shall be determined based upon the operation of the Premises applicable HVAC unit during Building Business Hours, although Tenant shall have each of the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by foregoing periods on a “non-attended automatic elevatorscumulative” basis (that is, if applicable; and (ewithout regard to Tenant’s usage or nonusage of other unit(s) electricity in accordance with serving the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary Premises, or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by of the applicable utility company and payable directly by Tenantunit during other periods of the Term). Without As of the consent date of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, ▇▇▇▇▇▇▇▇’s standard charges for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing after hours HVAC for the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's usePremises is $10.00 per hour per unit.

Appears in 1 contract

Sources: Lease (Axonics, Inc.)

Utilities and Services. 8.01 Landlord agrees to will furnish water and electricity to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays at all times and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary will furnish heat and air conditioning ("HVAC") required if the Building is air conditioned), at building standard levels, during the normal Building hours, which are 6:00 a.m. to 6:00 p.m. Monday through Friday, and 6:00 a.m. to 12:00 p.m. Saturday, excluding typically recognized holidays. Air conditioning in Landlord's judgment for the building shall be sufficient to maintain temperatures consistent with standard temperatures maintained in office buildings that are similar in age, use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's then standard charge for additional HVAC service and providing such prior notice character as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right provide 24 hour air for ▇▇▇▇▇▇’s telephone room and computer room. Tenant will reimburse Landlord for additional electricity costs associated with this service. The space will be separately metered. Janitorial service will be provided on a five (5) times per week schedule consistent with other Class A office buildings. The schedule and service may change from time to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meterstime. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, comply with all government laws or regulations regarding the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption use or reduction of utilities, utility use of utilities on the Premises. Interruption of services or telecommunication servicesutilities shall not be deemed an eviction or disturbance of Tenant’s use and possession of the Premises, (b) render Landlord liable to Tenant for damages, or relieve Tenant from performance of Tenant’s obligations under this Lease. Landlord shall take all reasonable steps to correct any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any interruptions in service caused by defects in utility interruption systems within Landlord's reasonable control. Electrical service furnished will be 110 volts unless different service already exists in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disastersPremises. Tenant agrees shall provide its own surge protection for power furnished to comply with any energy conservation programs required by Law or implemented by Landlordthe Premises. Landlord reserves shall have the right, in its sole discretion, exclusive right to designate, at any time, choose the utility and service providers for Tenant's use to the Premises and may change providers at its discretion. Tenant shall cooperate with Landlord and the utility service providers at all times as reasonably necessary, and shall allow Landlord and utility service providers, reasonable access to the pipes, lines, feeders, risers, wiring, and any other machinery within the Property; no such designation shall impose liability upon LandlordPremises. Tenant has satisfied itself as to the adequacy shall not contract or engage any other utility provider without prior written approval of any Landlord, which approval Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's Point of Demarcation" available for Tenant's use.may withhold or condition in Landlord’s discretion. ▇▇▇▇▇▇▇▇▇▇ Park - Zones Inc. Please Initial Page 4 December 2005 _________ _______

Appears in 1 contract

Sources: Lease Agreement (Zones Inc)

Utilities and Services. 8.01 Landlord agrees to furnish to the Premises during Building Business Hours (specified in the Basic Lease Information) on generally recognized business days (but exclusive in any event of Sundays and national and local legal holidays), the following services and utilities subject to the rules and regulations of the Building prescribed from time to time: (a) water for use in the base Building lavatories; (b) customary heat and air conditioning ("HVAC") required in Landlord's ’s reasonable judgment for the use and occupation of the Premises during Building Business Hours, although Tenant shall have the right to receive HVAC service during hours other than Building Business Hours by paying Landlord's ’s then standard charge for additional HVAC service and providing such prior notice as reasonably specified by Landlord; (c) standard janitorial service; (d) elevator service by non-attended automatic elevators, if applicable; and (e) electricity in accordance with the terms and conditions in this Section 8.01; and (g) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Electricity and/or any other services or utilities used by Tenant in the Premises shall, at Landlord's ’s option, be paid for by Tenant either: (i) through inclusion in Operating Expenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by separate charge billed by the applicable utility company and payable directly by Tenant. Without the consent of Landlord, Tenant's ’s use of electrical service shall not exceed, either in voltage, rated capacity, use beyond Building Business Hours or overall load, that which Landlord reasonably deems to be standard for the Building. Landlord shall have the right to measure electrical usage by commonly accepted methods, including the installation of measuring devices such as submeters and check meters. If it is determined that Tenant is using excess electricity, Tenant shall pay Landlord, as Additional Rent, the cost of such excess electrical usage and for the cost of purchasing and installing the measuring device(s). 8.02 Landlord will not be liable or deemed in default, nor will there be any abatement of rent, breach of any covenant of quiet enjoyment, partial or constructive eviction or right to terminate this Lease, for (a) any interruption or reduction of utilities, utility services or telecommunication services, (b) any telecommunications or other company failing to provide such utilities or services or providing the same defectively, and/or (c) any utility interruption in the nature of blackouts, brownouts, rolling interruptions, hurricanes, tropical storms or other natural disasters. Tenant agrees to comply with any energy conservation programs required by Law or implemented by Landlord. Landlord reserves the right, in its sole discretion, to designate, at any time, the utility and service providers for Tenant's ’s use within the Property; no such designation shall impose liability upon Landlord. Tenant has satisfied itself as to the adequacy of any Landlord owned utility equipment and the quantity of telephone lines and other service connections to the "Building's ’s Point of Demarcation" available for Tenant's ’s use. If the Premises, or a material portion of the Premises, are made untenantable for a period in excess of 10 consecutive business days as a result of any failure to furnish, or any interruption, diminishment or termination of services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, utility interruptions or the occurrence of an event of Force Majeure (collectively, a “Service Failure”) that is reasonably within the control of Landlord to correct, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent and Tenant’s Proportionate Share of Operating Expenses payable hereunder during the period beginning on the 11th consecutive business day of the Service Failure and ending on the day the service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated.

Appears in 1 contract

Sources: Office Lease Agreement (Geeknet, Inc)