Utilities Generally. Tenant agrees that, except as provided below, Landlord will not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service. Such failure, delay, or diminution will not constitute an eviction or a disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, except that Tenant will be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution (i) is directly attributable to Landlord’s gross negligence or intentional misconduct, (ii) prevents Tenant from using, and Tenant does not use, the Premises or the affected portion thereof for the conduct of Tenant’s business operations therein, (iii) Tenant was using the Premises or such affected portion for the conduct of Tenant’s business operations immediately prior to the failure, and (iv) such failure, delay, or diminution continues for more than two consecutive business days (or ten business days in any twelve month period) after delivery of written notice of such failure, delay, or diminution from Tenant to Landlord. Landlord will not be liable, under any circumstances, for a loss of or injury to property or for injury to or interference with Tenant’s business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph. Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to promptly correct any such interruption of utilities or services. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, power, or the reduction of automobile emissions, Landlord, at its sole discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Tenant to so comply. Landlord shall not be liable for damages to persons or property for any such reduction, nor shall such reduction in any way be construed as a partial eviction of Tenant, cause an abatement of Rent, or operate to release Tenant from any of Tenant’s obligations under this Lease, except as specifically provided in this Paragraph 9....
Utilities Generally. Tenant agrees that Landlord shall not be ------------------- liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements which is corrected within two (2) business days; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel at the Building despite reasonable efforts to do so; (d) accident or casualty; (e) act or default of Tenant or other parties other than Landlord; or (f) any other cause beyond Landlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, except that Tenant shall be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution is directly attributable to Landlord's negligence or intentional misconduct and continues for more than two (2) business days after delivery of written notice of such failure, delay or diminution from Tenant to Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph.
Utilities Generally. 7 10. Maintenance................................................................8 10.1. Tenant's Duties......................................................8 10.2. Landlord's Duties....................................................8 Landlord___________Tenant___________
Utilities Generally. The Design-Builder shall make all arrangements necessary to secure the availability of all Utilities required to construct the Design-Build Improvements, and shall install and utilize on-site power generators for the performance of the Design-Build Work. In the event the Owner is required to grant Utility easements on the Project Site in connection with the Design-Build Work, the Design-Builder shall provide complete descriptions of all Utility connections and routes on the Project Site necessary for such purposes.
Utilities Generally. Tenant, at Tenant's sole cost, shall cause ------------------- electricity and other utilities serving the Premises and Equipment Space to be separately metered (where possible) and Tenant will pay the cost of all consumption and excess utility charges in the Premises and/or the Equipment Space directly to the utility provider. If, at any time, it is no longer feasible for Tenant to contract directly with the utility provider for any services, Tenant shall reimburse Landlord, within thirty (30) days on invoice therefore, for the actual cost of the consumption of any such service and excess utility charges in the Premises and/or the Equipment Space, as directly billed by the utility provider as reasonably determined by Landlord.
Utilities Generally. Tenant will be responsible, at its sole cost and expense, for the furnishing of all services and utilities to the Project, including, but not limited to heating, ventilation and air conditioning, electricity, water, telephone, janitorial and interior Building security services.
Utilities Generally. Landlord shall furnish to Tenant, subject to Tenant’s Operating Costs Reimbursements obligations, if applicable, the following utilities or services: (a) electricity as specified in subsection 4.1.2; (b) heating, ventilation and air-conditioning services (“HVAC”) as specified in subsection 4.1.3; (c) hot and cold domestic water, wastewater and sewage service at the points now existing in the Premises or as specified for Tenant Improvements (where applicable); (d) telecommunication services to the extent specified in subsection 4.1.4; (e) cleaning and janitorial service as specified on Exhibit D; and (f) elevator service as specified in subsection 4.1.5. Landlord shall in no case be liable or in any way be responsible for damages (including consequential damages) or the loss to Tenant of utilities or other services arising from the failure of, diminution of or interruption of any kind to the Premises, unless (g) such interruption in, deprivation of or reduction of any such service was caused by the gross negligence or willful misconduct of Landlord, its agents or contractors, and (h) any such claims are not covered by the business interruption insurance required of Tenant by this Lease. To the extent that Landlord bears any responsibility for the foregoing, Landlord’s responsibility and Tenant’s remedy shall be limited to an abatement in Base Rent for the period beginning with (a) the day which is three (3) consecutive days after the date on which Tenant delivers notice to Landlord of such interruption, deprivation or reduction and of the fact that Tenant is being deprived of all reasonable use of the Premises and ending on (b) the date such interruption, deprivation or reduction which is Landlord’s responsibility is no longer causing Tenant to be deprived of all reasonable use of the Premises.
Utilities Generally. Ready Mix shall be responsible to obtain all ------------------- utilities necessary for its operations, including water, power, communications, and sewage disposal. Access for any utility lines across the Sun State Property shall be determined in accordance with Section 2.B.i. Sun State shall have no obligation to furnish any utilities for Ready Mix's operations. Upon Ready Mix's request, and in Sun State's sole discretion, Sun State shall agree to provide water to Ready Mix. Ready Mix shall reimburse Sun State for the cost of any water furnished by Sun State and used by Ready Mix for the operation of its plant within, ten (10) days after receipt of statements from Sun State evidencing the cost thereof.
Utilities Generally. Tenant agrees that Landlord shall not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements (other than due to the gross negligence or intentional misconduct of Landlord or Landlord’s agents, employees, or contractors) which is corrected within two business days; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel at the Building despite reasonable efforts to do so; (d) accident or casualty (other than due to the gross negligence or intentional misconduct of Landlord or Landlord’s agents, employees, or contractors); (e) act or default of Tenant; or (f) any other cause beyond Landlord’s reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, except that Tenant shall be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution is directly attributable to Landlord’s gross negligence or intentional misconduct and continues for more than two business days after delivery of written notice of such failure, delay or diminution from Tenant to Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or Interference with Tenant’s business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Landlord /s/ JC Tenant /s/ RCB
Utilities Generally. Ready Mix Inc. shall be responsible to obtain and pay for all utilities necessary for its operations at the Ready Mix Inc. site, including without limitation, power, communication, and sewage disposal. Access for any utility lines across the Salt River Materials Group Property shall be determined in accordance with Section 2.B(i). Salt River Materials Group shall have no obligation to furnish any utilities for Ready Mix Inc.’s operations at the Ready Mix Inc. site. Salt River Materials Group agrees to provide water to Ready Mix Inc. at the Ready Mix Inc. site. Ready Mix Inc. shall not be required to pay for water supplied at the site, excepting that, in the event well water from the site becomes unavailable for any reason and Salt River Materials Group is required to access municipal tap water, Salt River Materials Group may, at its sole option, elect to charge Ready Mix, Inc. a daily maintenance fee of up to one hundred dollars ($100.00) per day of use. Ready Mix Inc. shall reimburse Salt River Materials Group for all water maintenance fees related to the access of municipal tap water by Salt River Materials Group and used by Ready Mix Inc. for the operation of its plant within ten (10) days after receipt of statements from Salt River Materials Group evidencing the cost thereof.
