Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord. (b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant. (c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services. (d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services. (e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Utility Services. (a) Tenant shall make Section 3.01. Lessee agrees to pay, or cause to be paid, as additional rent, all arrangements forcharges for Lessee’s utilities, including, without limiting the generality of the foregoing, heat, air conditioning, and electricity; and Lessee will comply with all contracts relating to any such services. Lessee’s charges for such utility usage shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwisebe based upon Lessee’s actual usage, as the same become due. Tenant shall reimburse Landlordspace is separately metered, it being agreed that electricity to power the heat pumps producing heating and air conditioning to the Demised Premises, and electricity to the Demised Premises will be paid for by the Lessee and, as Additional Rentapplicable, for the cost of installation of any additional metering thermostatically controlled by Lessee. However, if such usage is not separately metered, such usage and billing shall be based upon a percentage of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall total ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as unmetered utilities based upon a recurring charge, and Tenant shall pay each fraction equal to Lessee’s square footage over the total square footage served by such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and non-separately metered utilities provided exclusively to on a “net rentable” basis. Such additional rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the Premises building or as projected by the appropriate utility company, and shall be paid monthly by Lessee as billed with a final accounting based upon actual bills every six (6) months. In the event Lessee is billed directly by the utility company for separately metered utilities, then Lessee shall pay such bills directly to the applicable utility company and such payments shall not be considered additional rent, unless and until such time as Lessee is billed by Lessor for its electricity at which time all charges for utilities will be considered as additional rent.
Section 3.02. Lessor agrees to furnish reasonable heat and air conditioning (HVAC) to the Demised Premises, common hallways and lavatories during normal business hours on regular business days during the heating or air conditioning season, as applicable, to light common passageways twenty-four (24) hours a day, to provide hot water to lavatories, and to furnish reasonable cleaning services, including vacuuming and emptying ashtrays and wastebaskets throughout the Building (including the Demised Premises) and clean common areas, common area glass, common lavatories and glass main entry doorways to the Demised Premises Mondays through Fridays, in substantially the same fashion as furnished in similar buildings in the City of Cambridge all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service provider. Tenant shall pay all costs and expenses associated with utility charges that or supplies from the sources from which they are based on sub-metering usually obtained for such building, governmental restraints, or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of cause beyond the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for TenantLessor’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demandcontrol. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not Lessor be liable for any interruption or failure delay in any of the supply above services for any of any utilities such causes. For the purposes of this clause, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. on Saturday during the months from November through April. Reasonable cooling of common areas shall be provided between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 7:00 a.m. to 1:00 p.m. Saturday during the cooling season. Except as noted below, the building will be open for access to the Demised Premises daily, Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. and Saturday between the hours of 7:00 a.m. and 1:00 p.m. The Building will be closed from 6:00 p.m. to 7:00 a.m. Monday through Saturday, inclusive, Saturday from 1:00 p.m. to midnight, all day Sunday and on legal, state and federal holidays, at which time the building will be locked and secured with access cards or Utility Services.
(d) To codes provided to Lessor, Lessee and other tenants. Notwithstanding the maximum extent permitted by lawforegoing, Landlord Lessee shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) access to the BuildingBuilding and Demised Premises every day, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates24 hours per day, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect subject to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Servicesemergency conditions.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Sublease (Radius Health, Inc.)
Utility Services. (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall make all arrangements forrequire air conditioning, heating or ventilation outside the hours and shall provide days above specified, Landlord may furnish such service and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, for supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior such supplementary systems shall be payable by Tenant to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, upon demand as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost be responsible for the payment of all utilities used and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to consumed in the Premises. Tenant shall provide pay for all separately metered utilities used and install a water meter at this consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant the Cost of Tenant's Electricity for Lights and Plugs set forth in Section 1.1 above, plus Tenant's Proportionate Share of the electricity and natural gas used in connection with a remote reader to record Tenant’s use of domestic water within the PremisesHVAC system for the Building. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse pay Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, amounts as Additional Rent, Rent hereunder within thirty (30) days after receipt of an invoice thereforeach such invoice. All costs, charges The obligation to pay for electricity used and expenses associated with consumed in the commencement Premises during the last month of the provision by a particular Utility Service Provider Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building's electric system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Premises Building's electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant120/208 volts.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively From time to time during the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 Term of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by lawLease, Landlord shall have the right at to have an electrical consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any time other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the cost of such survey and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Buildingcost, provided that the rates charged as determined by such Utility Service Provider are competitive with (i) the current market ratesconsultant, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except of electricity usage in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt excess of such requestrequirements as Additional Rent.
Appears in 1 contract
Sources: Lease (PSW Technologies Inc)
Utility Services. (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall make all arrangements forrequire air conditioning, heating or ventilation outside the hours and shall provide days above specified, Landlord may furnish such service and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system’s ability to perform adequately its proper functions, for supplementary systems may, if and as needed, at Landlord’s option, be provided by Landlord, and the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior such supplementary systems shall be payable by Tenant to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, upon demand as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost be responsible for the payment of all utilities used and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to consumed in the Premises. Tenant shall provide pay for all separately metered utilities used and install a water meter at this consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant the Cost of Tenant’s Electricity for Lights and Plugs set forth in Section 1.1 above, plus Tenant’s Proportionate Share of the electricity and natural gas used in connection with a remote reader the HVAC system for the Building. From time to record Tenant’s use of domestic water within time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the PremisesPremises as measured by the applicable method described above. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse pay Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, amounts as Additional Rent, Rent hereunder within thirty (30) days after receipt of an invoice thereforeach such invoice. All costs, charges The obligation to pay for electricity used and expenses associated with consumed in the commencement Premises during the last month of the provision by a particular Utility Service Provider Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant’s expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building’s electric system, Tenant shall not, without Landlord’s prior consent, connect any fixtures, appliances or equipment to the Premises Building’s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant120/208 volts.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively From time to time during the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 Term of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by lawLease, Landlord shall have the right at to have an electrical consultant selected by Landlord make a survey of Tenant’s electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any time other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the cost of such survey and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Buildingcost, provided that the rates charged as determined by such Utility Service Provider are competitive with (i) the current market ratesconsultant, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except of electricity usage in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt excess of such requestrequirements as Additional Rent.
Appears in 1 contract
Sources: Lease Agreement (Ameresco, Inc.)
Utility Services. Tenant shall contract directly with the providers thereof for, and pay directly to such providers, before delinquency, all charges (including (a) Tenant shall make all arrangements formeter, use and/or connection fees, hook-up fees or standby fees, and shall provide and pay all charges and deposits required by the provider (b) penalties for discontinued or interrupted service) for, water, sewer, gas, boiler water, electricity, telephone telephone, sewer service, waste pick-up and any other utilities utilities, materials or services furnished directly to or used by Tenant in or consumed on about the Premises Premises, including in connection with the operation of the Exterior Equipment (collectively, “Utility Services”). Without limiting the foregoing, whether called use chargeTenant, tax assessmentat its expense, feeshall provide all trash disposal, janitorial service and customary cleaning (other than exterior window washing) on a regular basis, and all necessary interior pest control service, so that the Premises is kept in a reasonably neat, clean and pest-free condition. Without limiting the foregoing, trash, garbage and other waste shall only be kept in sanitary containers, and all containers and equipment for the storage or otherwisedisposal of such materials shall be kept in a clean and sanitary condition, and shall be screened from view of neighboring Building Parcels (as defined in the Project Declaration), the Residential Parcel (as defined in the Project Declaration), the Project Common Areas, and neighboring streets. Landlord shall provide (or cause to be provided) such janitorial (including exterior window-washing), pest-control and landscaping services for the exterior of the Building and the Common Areas, and such lighting for the Parking Facility (defined in Section 24), as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by LandlordLandlord reasonably determines is appropriate. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, continue to provide (or cause to be provided) such roving security patrol for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Parcel II Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, Areas (including the electricity consumed Parking Facility) as has been provided by Landlord (and/or the EOP Owner) during the portion of calendar year 2011 preceding the date of mutual execution and delivery of this Lease, as such security patrol may be modified from time to time in providing HVAC service Landlord’s (and/or the EOP Owner’s) reasonable discretion in response to changing security conditions. Any interruption or cessation of Utility Services resulting from any cause, including any entry for repairs or any renovation, redecoration or rehabilitation of any area of the PremisesProject (each, a “Service Interruption”), shall not render Landlord liable to Tenant, constitute a constructive eviction or excuse Tenant from any obligation hereunder. Notwithstanding the foregoing, if all or a material portion of the Premises is made untenantable or inaccessible for which more than two (2) consecutive business days after notice from Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility a Service Provider. Landlord Interruption that results from a breach of Landlord’s obligations hereunder, then, as Tenant’s sole remedy, Monthly Rent shall ▇▇▇▇▇ Tenant monthly for the period beginning on the day immediately following such electrical consumption two (2)-business-day period and hot water consumption as a recurring chargeending on the day such Service Interruption ends, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with but only in proportion to the commencement percentage of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion rentable square footage of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees made untenantable or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Servicesinaccessible.
(d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Office Lease (Atmel Corp)
Utility Services. (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 pm., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall make all arrangements forrequire air conditioning, heating or ventilation outside the hours and shall provide days above specified, Landlord may furnish such service and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, for supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior such supplementary systems shall be payable by Tenant to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, upon demand as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost be responsible for the payment of all utilities used and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to consumed in the Premises. Tenant shall provide pay for all separately metered utilities used and install a water meter at this consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant the Cost of Tenant's Electricity for Lights and Plugs set forth in Section 1.1 above, plus Tenant's Proportionate Share of the electricity and natural gas used in connection with a remote reader the HVAC system for the Building. Landlord expressly reserves the right to record Tenant’s use of domestic water within periodically adjust the Premisescost for electricity according to market conditions. From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the Premises as measured by the applicable method described above. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse pay Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, amounts as Additional Rent, Rent hereunder within thirty (30) days after receipt of an invoice thereforeach such invoice. All costs, charges The obligation to pay for electricity used and expenses associated with consumed in the commencement Premises during the last month of the provision by a particular Utility Service Provider Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building's electric system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Premises Building's electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers, vending machines, microwave ovens and other similar electrical equipment normally found in business offices and not drawing more than 15 amps at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant120/208 volts.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively From time to time during the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 Term of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by lawLease, Landlord shall have the right at to have an electrical consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant, provided, however, Landlord may not conduct more than two (2) of such surveys in any time calendar year. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the cost of such survey and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Buildingcost, provided that the rates charged as determined by such Utility Service Provider are competitive with (i) consultant, of electricity usage in excess of such requirements as Additional Rent. Tenant, at its sole cost and expense, shall have the current market rates, (ii) competitive bids received by Tenant from right to conduct its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except own survey in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated it disagrees with the delivery of Utility ServicesLandlord's determination.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Lease (Telehublink Corp)
Utility Services. (a) Tenant The Premises shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, be separately metered for the cost of installation of any additional metering of the Premises (which was not installed electricity as part of the Base Building WorkTenant Improvements. Thereafter, Tenant shall be solely responsible for contracting with the appropriate utility companies to obtain electrical service and shall promptly pay all charges (including hook-up and impact fees) for the purpose of measuring Tenant’s consumption of Utility Serviceselectricity used, as well as the cost of installing (at any time prior consumed or provided in, furnished to or during attributable to the TermPremises at the rates charged by the supplying utility companies and, connection with Landlord’s energy usage disclosure requirements under California law, (A) Tenant hereby authorizes Landlord to obtain information regarding Tenant's utility and maintaining any “check” or “sub” metersenergy usage at the Premises directly from the applicable utility providers and Tenant shall execute, within thirty ten (3010) days of Landlord's request, any commercially reasonable additional documentation required by any applicable utility provider evidencing such authorization, (B) within ten (10) days of Landlord's request, Tenant shall provide to Landlord all commercially reasonable requested information regarding Tenant's utility and energy usage at the Premises, and (C) within ten (10) days after invoicing by Landlord. In addition, if the written request of Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenantfollowing the close of each calendar quarter during the Lease Term, Tenant shall reimburse Landlord, as Additional Rent, deliver to Landlord copies of its electricity bills for the reasonable cost immediately preceding three (3) month period. Should Landlord elect to supply any or all of installing such meters utilities (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, parties acknowledge that Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot supply water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), Tenant agrees to purchase and pay for which the same as Additional Rent as apportioned by Landlord. The rate to be charged by Landlord to Tenant shall not exceed the rate charged to Landlord by any supplying utility. Landlord will notify Tenant of this charge promptly after it becomes known. This charge will increase or decrease with current charges being levied against Landlord, the Premises or the Real Property by the local utility company, and will be due as Additional Rent. Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt business days of notice from Tenant of billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies or, at Landlord’s option, such inaccuracycharges shall be included in Operating Expenses. If requested by LandlordAdditionally, Tenant shall, at Tenant’s sole cost and expense, beginning after the persons conducting date it opens for business from the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such metersPremises, which shall permit Tenant to disclose the results of such survey provide janitorial services to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten Premises at least five (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (1805) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question per week (but not on any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusiveweekends or state or federal holidays). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by law; however, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, to approve Tenant’s janitorial contractor (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), which approval shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed), and using contractor(s(ii) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition if Tenant fails to provide such electrical equipment and/or appliances (as janitorial services to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) the Premises within ten (10) Business Days business days after written demand by Landlord, to provide such janitorial services for Tenant’s benefit and Tenant shall reimburse Landlord for its costs incurred to provide such janitorial services within ten (10) business days after receipt of such requestLandlord’s invoice therefor, along with a copy of the invoice from the janitorial service provider.
Appears in 1 contract
Sources: Lease (Maxlinear Inc)
Utility Services. A. Tenant pays for: • Gas (aif applicable) • Electric • Water/Sewer/Stormwater • Cable TV • Internet
B. Tenant shall make are responsible for all arrangements for, and shall provide and pay all charges and deposits required utilities associated with property. Utilities not paid by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same ▇▇▇▇▇▇ when due become due. Tenant shall reimburse Landlord, as Additional Rent, additional rent for the cost of installation of any additional metering next month’s rent.
C. Tenants will be charged in the portal on a monthly basis for water usage. Usage charged to tenants will be commensurate with each dwelling’s usage and billing. If it is determined at the end of the Premises (which was not installed lease term that a tenant has overpaid for actual water usage, tenants will be refunded as part of the Base Building Work) for security deposit return process. Underpayments will also be assessed at this time. Water Bills not paid in full by Tenant will accrue late fees in the purpose amount of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord$15 per month until paid in full.
D. (bIf applicable) As part Tenant acknowledges responsibility for payment of all bills for gas consumed upon the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premisespremises. Tenant shall provide and install a water meter at this connection with a remote reader proof of payment every month of all outstanding balances due to record Tenant’s use the Philadelphia Gas Works (PGW). Failure of domestic water within the Premisestenant to pay all bills, or failure to present proof of payment (if requested), shall be cause for eviction. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used provide to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement Owner information regarding all occupants of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey premises and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, other information as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by law, Landlord shall have the right at any time and may from time to time during be required by the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) Philadelphia Gas Works. Tenant shall provide immediate access to the Building, provided rental unit for purposes of utility shut off if the Philadelphia Gas Works advises that the rates charged gas is scheduled to be shut off for nonpayment. Such circumstance shall be considered an emergency warranting removal by the Owner of locks and such Utility Service Provider are competitive forcible entry as may be required to provide the PGW technician with (i) the current market rates, (ii) competitive bids received by access to gas meter. Tenant from its existing utility providers, and (iii) rates then-existing with respect shall be responsible for all costs of repair to the Premisesproperty if forcible entry is required to provide access by Owner or a Philadelphia Gas Works employee. Subject Tenant is advised that such damages can be avoided by providing access to Section 9.06, Tenant agrees reasonably the Owner and or PGW upon demand. Failure by tenant to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in pay the event of emergency), gas bill when due shall allow Landlord and Owner to deduct the Utility Service Providers reasonable access amount of any unpaid utility bill from tenant's security deposit. Failure of tenant to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within repay the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure amount of the Unit or the Building, without the prior written consent security deducted upon demand shall be further grounds for eviction as a breach of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such requestlease agreement.
Appears in 1 contract
Sources: Residential Lease
Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, for water, sewer, gas, boiler water, electricity, telephone and electricity ("UTILITY SERVICE") and any other utilities or like services used or consumed on the Premises (collectively, “Utility Services”)Premises, whether called use charge, tax tax, assessment, fee, fee or otherwise, otherwise as the same become due. Tenant It is understood and agreed that Landlord shall reimburse Landlordbe responsible for bringing Utility Service to common switching point(s) at the Building (collectively, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord"UTILITY SWITCHING POINTS"). In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and or expense) , either separate meters serving the Premises or sub- or "check" meters for measuring Tenant's consumption of any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the PremisesUtility Services. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities (such as telephone) provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on a sub-metering or check metering installation directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services utilities that are not either separately sub-metered or measured check metered, Tenant's consumption shall be reasonably estimated by Landlord. Additional Rent for such utilities may be estimated monthly by Landlord and shall be paid monthly by Tenant as billed with a check meter or submeter (including, without limitation, HVAC service provided to any portion final accounting based upon actual bills following the conclusion of each fiscal year of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Building. Tenant shall pay for any and all costs to install and connect Utility Services from the cost of Utility Switching Points to the same as part of Operating Costs payable hereunderPremises. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund be under no obligation as to any Utility Services beyond the overpayment within ten (10) Business Days after receipt of notice from Tenant of foregoing responsibility to bring such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey Utility Services to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final Utility Switching Points and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) . To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from - 17 - any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the any such services supplied by an affiliate of Landlord shall be at competitive rates charged by such Utility Service Provider are competitive with other providers) (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises"UTILITY SERVICE PROVIDER"). Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency)notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Lease Agreement (Metabolix, Inc.)
Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by be solely responsible for causing the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or supply to the Premises at to comply with the request requirements of Tenant (e.g.Section 1.2 of this Lease, installation chargesand for contracting with the appropriate utility companies and shall directly pay the costs of any separately-metered gas, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with electricity or any directly and separately metered utilities other utility used, consumed or provided exclusively in, furnished to or attributable to the Premises directly to during any Early Occupancy Period and from and after Lease Commencement Date at the applicable service provider. Tenant shall pay all costs and expenses associated with rates charged by the supplying utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such chargescompanies and, within thirty (30) days of invoice therefor by Landlordthe close of each calendar quarter during the Lease Term, Tenant shall deliver to Landlord copies of its electricity bills for the immediately preceding three (3) month period. With respect to any Utility Services that If the Premises are not either separately metered, then water, electrical and gas service shall be sub-metered or measured to the Premises, and reimbursed by a check meter or submeter (including, without limitation, HVAC service provided ▇▇▇▇▇▇ directly to Landlord as Additional Rent. Should Landlord elect to supply any portion of utilities not separately-metered to the Premises by means of (and the Building HVAC system rather than HVAC units serving solely parties acknowledge that Landlord will supply water service to the Premises), Tenant shall ▇▇▇▇▇▇ agrees to purchase and pay the cost of for the same as Additional Rent (or at Landlord’s election, as part of Operating Costs payable hereunderDirect Expenses) as apportioned by Landlord. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services The rate to be measured thereby and, if charged by Landlord to Tenant discovers shall not exceed the rate charged to Landlord by any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from supplying utility. ▇▇▇▇▇▇▇▇ will notify Tenant of such inaccuracythis charge promptly after it becomes known. If requested by This charge will increase or decrease with current charges being levied against Landlord, Tenant the Premises or the Project by the local utility company, and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunderwill be due as Additional Rent. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord within thirty (30) days of billing for fixture charges and/or water tariffs, if applicable, which are charged to Landlord by local utility companies or, at Landlord’s option, such charges shall be included in Operating Expenses. Additionally, Tenant shall, at Tenant’s share of such underpaymentsole cost and expense, as Additional Rent, within ten provide janitorial services to the Premises at least five (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (1805) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by lawper week; however, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord approve Tenant’s janitorial contractor and the Utility Service Providers reasonable access scope of services to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within be provided by the Premises and associated with the delivery of Utility Services.
same (e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will approval shall not be unreasonably withheld, conditioned or delayed), and using contractor(s(ii) reasonably approved by Landlordif Tenant fails to provide such janitorial services to the Premises, to provide such janitorial services for Tenant’s benefit and will Tenant shall reimburse Landlord for its costs incurred to provide such janitorial services promptly advise Landlord upon receipt of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such requestinvoice therefor.
Appears in 1 contract
Sources: Lease (GenMark Diagnostics, Inc.)
Utility Services. (a) Tenant shall make all arrangements forpay directly to the providers thereof, and shall provide and pay before delinquency, all charges and deposits required by the provider for, for water, sewer, gas, boiler water, electricity, telephone telephone, sewer service, waste pick-up and any other utilities utilities, materials or services furnished directly to or used by Tenant in or consumed on about the Premises (collectively, “Utility Services”), whether called including (a) meter, use chargeand/or connection fees, tax assessment, feehook-up fees, or otherwisestandby fees, and (b) penalties for discontinued or interrupted service. Notwithstanding the foregoing, if any Utility Service is not separately provided or metered to the Premises, then the cost of such Utility Service shall be included in Expenses; provided, however, that if Landlord reasonably determines that Tenant is using more than its pro rata share of such Utility Service (as determined based on the same become due. rentable square footage of the Premises relative to the total rentable square footage served by such Utility Service), then Landlord, at its option, may (i) require Tenant shall reimburse to pay to Landlord, as Additional Rent, for an amount equal to Landlord’s reasonable estimate of the cost of installation of any additional metering of the Premises such excess use, and/or (which was not installed as part of the Base Building Workii) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s requestexpense, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters a separate meter to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premisessuch Utility Service. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an Tenant’s electrical usage meter as required by shall not exceed the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement capacity of the provision by a particular Utility Service Provider to Tenant or feeders to the Premises at or the request of Tenant (e.g., installation charges, service deposits) shall be risers or wiring installation. Without limiting the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises)foregoing, Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person all Utility Services consumed in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means the operation of any commission depending on the survey outcome. Any dispute regarding amounts due, supplemental or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty specialty Building Systems (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth defined in Section 6.037.1.1 below) exclusively serving the Premises, Landlord shall not be liable for including any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by lawdata center, and Landlord shall have the right to install, at any time Tenant’s expense, a separate meter to measure Tenant’s use of such Utility Service. Without limiting its obligations. Tenant, at its expense, shall provide all trash disposal, janitorial service and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services customary cleaning (“Utility Service Provider”other than exterior window washing) to the Buildingon a regular basis, provided and all necessary interior pest control service, so that the rates charged by Premises is kept neat, broom-clean and pest-free in a first-class manner. Landlord shall provide such Utility Service Provider are competitive with janitorial (i) including exterior window-washing), pest-control and landscaping services for the current market rates, (ii) competitive bids received by Tenant from its existing utility providersexterior of the Building and any Common Areas, and such lighting for the Parking Areas (iii) rates then-existing with respect to the Premises. Subject to defined in Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency24), shall allow as Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Servicesreasonably determines is appropriate.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Office Lease (Immersion Corp)
Utility Services. A. Tenant pays for: • Gas (aif applicable) • Electric • Water/Sewer/Stormwater • Cable TV • Internet
B. Tenant shall make are responsible for all arrangements for, and shall provide and pay all charges and deposits required utilities associated with property. Utilities not paid by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same Tenant when due become due. Tenant shall reimburse Landlord, as Additional Rent, additional rent for the cost of installation of any additional metering next month’s rent.
C. Tenants will be charged in the portal on a monthly basis for water usage. Usage charged to tenants will be commensurate with each dwelling’s usage and billing. If it is determined at the end of the Premises (which was not installed lease term that a tenant has overpaid for actual water usage, tenants will be refunded as part of the Base Building Work) for security deposit return process. Underpayments will also be assessed at this time. Water Bills not paid in full by Tenant will accrue late fees in the purpose amount of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord$15 per month until paid in full.
D. (bIf applicable) As part Tenant acknowledges responsibility for payment of all bills for gas consumed upon the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premisespremises. Tenant shall provide and install a water meter at this connection with a remote reader proof of payment every month of all outstanding balances due to record Tenant’s use the Philadelphia Gas Works (PGW). Failure of domestic water within the Premisestenant to pay all bills, or failure to present proof of payment (if requested), shall be cause for eviction. Tenant shall install, provide to Owner information regarding all occupants of the premises and such other information as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as may from time to time be required by the Utility Service ProviderPhiladelphia Gas Works. If Tenant shall provide immediate access to the Utility Service Provider will not allow individual direct metering rental unit for Tenant’s service, this meter purposes of utility shut off if the Philadelphia Gas Works advises that the gas is scheduled to be shut off for nonpayment. Such circumstance shall be used considered an emergency warranting removal by the Owner of locks and such forcible entry as may be required to measure Tenant’s direct usage provide the PGW technician with access to gas meter. Tenant shall be responsible for all costs of electricity within the Premises, (including the electricity consumed in providing HVAC service repair to the Premises), for which property if forcible entry is required to provide access by Owner or a Philadelphia Gas Works employee. Tenant shall reimburse Landlord at is advised that such damages can be avoided by providing access to the direct billing rates charged Owner and or PGW upon demand. Failure by tenant to Landlord by pay the Utility Service Provider. Landlord shall gas ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant when due shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider allow Owner to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in deduct the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any unpaid utility ▇▇▇▇ not disputed within such one hundred eighty (180) day period from tenant's security deposit. Failure of tenant to repay the amount of the security deducted upon demand shall be deemed final and conclusive). Except further grounds for eviction as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply a breach of any utilities or Utility Servicesthis lease agreement.
(d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Residential Lease
Utility Services. (a) Except as expressly set forth herein, Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, for water, sewer, gas, boiler water, electricity, telephone electricity (“Utility Service”) and any other utilities or like services used or consumed on the Premises (collectively, “Utility Services”)Premises, whether called use charge, tax tax, assessment, fee, fee or otherwise, otherwise as the same become due. Tenant shall reimburse LandlordIt is understood and agreed that, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of in connection with the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work Landlord shall be compatible with responsible for bringing Utility Services to a common switching point(s) at the Unit equipment Building (collectively, “Utility Switching Points”) and for installing direct meters or other measuring devices for such services to the Unit Building Management System (BMS)as opposed to individual tenant spaces) at Landlord’s cost; (ii) provide space Tenant shall pay for a Tenant meter on any and all costs to install and connect such Utility Services from such Utility Switching Points to the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter Landlord shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption under no obligation as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided beyond the foregoing responsibility to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of bring such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey Utility Services to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten Utility Switching Points; and (10iv) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services. Any utilities that are separately metered for Tenant, such as telephone service, shall be paid by Tenant directly to the utility authorities charged with the collection thereof.
(b) Tenant shall install temporary meters for measuring Tenant’s usage of gas, electricity and water in the Premises no later than February 1, 2003. Prior to February 1, 2003, Tenant shall use the now-existing gas service to the Premises at no charge and shall pay to Landlord the cost of electricity and water service dependant upon Tenant’s usage in accordance with Landlord’s periodic reading of the temporary meters installed in the Premises on the Date of Lease. Following February 1, 2003, until such time as the check meters described in Section 6.01(c) have been installed by Tenant, Tenant shall pay to Landlord the cost of electricity, gas and water service to the Premises dependant upon Tenant’s usage in accordance with Landlord’s periodic reading of the temporary meters installed by Tenant or, to the extent such meters have not been installed, based on Landlord’s reasonable estimate of Tenant’s usage of such services.
(c) Tenant, at Tenant’s sole expense, shall install check meters for the Utility Services to the Premises, Tenant’s Utility Services shall be check metered in full no later than September 1, 2003. Tenant shall pay the costs of Utility Services directly to Landlord as Total Operating Costs pursuant to Section 4.02 dependent upon Tenant’s usage in accordance with Landlord’s periodic check meter readings.
(d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third third-party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises). Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such the Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency)notice, shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, ,wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesServices subject to the provisions of Section 9.06.
(e) Except Notwithstanding anything to the contrary in Sections 2.01(c), 6.01(a), or 17.14, Landlord shall not voluntarily shut down the electric, natural gas, water and sewer services serving the Clean Room (the “Essential Clean Room Services”) during a period in which the Clean Room is in use for production or validation (“validation” meaning, for the Initial purposes of this Lease, establishing whether a specific process will consistently produce a product meeting its pre-determined specifications and quality attributes) purposes without first giving Tenant Work at least thirty (30) days’ notice of the anticipated date of such shutdown and fourteen (14) days’ actual notice of such shutdown (in either case, a “Landlord Shutdown Notice”). Notwithstanding the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition provisions of Section 17.05 of this Lease to the electrical equipment and/or appliances in the Premises which would require increased electrical service contrary, Landlord’s notices pursuant to the Premises foregoing sentence may by given by e-mail or modifications facsimile provided that, in either event, automated confirmation of delivery is received by Landlord. Tenant’s e-mail address is ▇▇▇▇▇▇@▇▇▇▇.▇▇▇ and its facsimile number is ▇▇▇-▇▇▇-▇▇▇▇ for the purpose of such notices, which e-mail address and facsimile number are subject to change upon written notice to Landlord. Landlord shall use good faith efforts to verbally confirm that Tenant has received any notice sent by e-mail or facsimile pursuant to the structure of the Unit or the Buildingimmediately preceding sentence by calling ▇▇▇ ▇▇▇▇▇ at ▇▇▇-▇▇▇-▇▇▇▇ (which person and phone number are subject to change upon written notice to Landlord), without the prior written consent of Landlord in each instanceprovided, which consent will not be unreasonably withheldhowever, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which that Landlord’s prior written consent failure to confirm such notice verbally shall not be required)deemed to invalidate the applicable e-mail or facsimile notice. Within five (5) business days following Tenant’s receipt of any Landlord agrees Shutdown Notice, Tenant shall notify Landlord if, in fact, production or validation will be taking place in the Clean Room during the period specified in the Landlord Shutdown Notice. Tenant’s failure to respond to the Landlord Shutdown Notice shall be deemed to be notice to Landlord that production or validation will be taking place during such period. Tenant and Landlord shall cooperate to provide for temporary alternative utility services to the Clean Room, if possible, during any request for approval made by such shutdown so as to minimize any interference with the conduct of Tenant’s business. Tenant’s sole and exclusive remedy in the event of a breach of Landlord’s obligations under this paragraph shall be an abatement of Base Rent equal to the duration of the utility service shut down resulting in such breach provided that such breach actually results in an interruption of Essential Clean Room Services during a period in which production or validation is occurring in the Clean Room, Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt has given Landlord prompt written notice of such requestbreach, such breach results from the willful disregard by Landlord of the provisions of this Section 6.01(e). In case of emergency, Landlord may, notwithstanding any provision of this Section 6.01(e) to the contrary, shut down the Essential Clean Room Services without prior notice provided that Landlord makes reasonable efforts to notify Tenant (which notice may be telephonic) of such shut down promptly thereafter.
Appears in 1 contract
Sources: Industrial Real Estate Lease (Alexion Pharmaceuticals Inc)
Utility Services. (a) Landlord shall, on Business Days from 8:00 a.m. to 6:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m., furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation for occupants of the Premises under normal business operation and an electrical load not exceeding 3.0 ▇▇▇▇▇ per square foot of Premises Rentable Area. If Tenant shall make all arrangements forrequire air conditioning, heating or ventilation outside the hours and shall provide days above specified, Landlord may furnish such service and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, pay therefor such charges as may from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system's ability to perform adequately its proper functions, for supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, and the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior such supplementary systems shall be payable by Tenant to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, upon demand as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost be responsible for the payment of all utilities used and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to consumed in the Premises. Tenant shall provide pay for all separately metered utilities used and install a water meter at this consumed in the Premises directly to the provider thereof. Landlord shall charge Tenant, Tenant's Proportionate Share of the electricity and natural gas used in connection with a remote reader the HVAC system for the Building. Electricity for lights and plugs in the Premises shall be charged back to record Tenant by Landlord based on the Tenant’s 's use of domestic water within and consumption thereof. From time to time, but not more than once per calendar month, Landlord shall invoice Tenant for electricity used and consumed in the PremisesPremises as measured by the applicable method described above. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse pay Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, amounts as Additional Rent, Rent hereunder within thirty (30) days after receipt of an invoice thereforeach such invoice. All costs, charges The obligation to pay for electricity used and expenses associated with consumed in the commencement Premises during the last month of the provision by a particular Utility Service Provider Term hereof shall survive expiration of the Term. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building's electric system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Premises Building' s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant120/208 volts.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively From time to time during the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 Term of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by lawLease, Landlord shall have the right at to have an electrical consultant selected by Landlord make a survey of Tenant' s electric usage, the result of which survey shall be conclusively binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (b), in addition to any time other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the cost of such survey and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Buildingcost, provided that the rates charged as determined by such Utility Service Provider are competitive with (i) the current market ratesconsultant, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except of electricity usage in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt excess of such requestrequirements as Additional Rent.
Appears in 1 contract
Sources: Lease (Sonus Networks Inc)
Utility Services. (a) Tenant shall make pay for all arrangements forwater (including the cost to service, repair and shall provide replace reverse osmosis, de-ionized and pay all charges and deposits required by the provider for, other treated water, sewer), gas, boiler waterheat, electricitylight, telephone power, telephone, internet service, cable television, other telecommunications and any other utilities or services used or consumed on supplied to the Premises, together with any fees, surcharges and taxes thereon charged by the applicable utility provider. Electricity and gas supplied to the Premises shall each be separately metered, and chilled water and HVAC airflow for the Laboratory Systems shall be separately submetered or check metered. Tenant shall be entitled to use up to fourteen (collectively14) ▇▇▇▇▇ per usable square foot of the Laboratory Portion of the Premises and up to six (6) ▇▇▇▇▇ per usable square foot of the Office Portion of the Premises of electrical power. ACTIVE/91437610.6 Tenant shall be responsible for procuring and paying for separately metered utilities directly to the provider of the utilities. If any utility is not separately metered or submetered to Tenant, “Utility Services”), whether called use charge, tax assessment, fee, or otherwiseTenant shall pay either Tenant’s pro rata share, as the same become due. Tenant shall reimburse case may be, of all charges of such utility jointly metered with other premises, or Tenant’s Occupied Laboratory Share (as hereinafter defined), as reasonably determined by Landlord, as Additional RentRent or, for in the alternative, Landlord may, at its option, monitor the usage of such utilities by Tenant and charge Tenant with the cost of installation of any additional purchasing, installing and monitoring such metering of the Premises (equipment, which was not cost shall be paid by Tenant as Additional Rent, unless such separate meters or submeters are installed as part of the Base Building Tenant Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as in which event the cost of installing (at any time prior installation shall be included in the cost of such work. Landlord may base its bills for utilities on reasonable estimates; provided that Landlord adjusts such ▇▇▇▇▇▇▇▇ to or during reflect the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlordactual cost of providing utilities to the Premises no less than quarterly. In addition, if Landlord shall install, at To the extent that Tenant uses more than Tenant’s requestLaboratory Share of any utilities attributable to the Laboratory Systems or more than Tenant’s Pro Rata Share of the Office Portion of any utilities attributable to the Building Systems, meters for any Utility Services requested by Tenant, then Tenant shall reimburse Landlord, as Additional Rent, pay Landlord for the reasonable cost Tenant’s increased share of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlordutilities to reflect such excess.
(b) As Tenant shall be responsible for the installation of the following check meters (i) the standard flow meter on each floor at the capped connection for non-potable cold water, (ii) the standard flow meter on the supply line and deductive meter on the return line at each floor, located at the capped connection, for non-potable hot water supply and return, (iii) the standard flow meter at each floor, located at the capped connection, for tempered water, (iv) polypropylene purified water meter on the supply line and deductive meter on the return line at each floor, located at the capped connection, for the RO/DI system, (v) mass flow meter at each floor, located at the capped connection, for compressed air, (vi) mass flow meter at each floor, located at the capped connection, for the vacuum system, (vii) chilled water meters on the capped chilled water connections on each floor to meter supplemental chilled water usage, (viii) hot water meters on the capped hot water connections on each floor to meter hot water usage, and (ix) condenser water meters on the capped condenser water connection on each floor to meter condenser water usage (collectively, the “Tenant Installed Checkmeters”). Tenant shall be responsible for the ongoing repair and maintenance of any Tenant Installed Checkmeters. Tenant shall also be responsible for providing bus tap, meter and meter socket at each floor for direct utility metering and an electronic check meter for tenant equipment connected to the Generator. In the event Tenant requires natural gas on any floor within the Premises, Tenant shall be required to request gas service installation from the utility provider and would be billed directly with a separate meter. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be entitled to occupy all or any portion of the Premises until the Tenant Installed Checkmeters have been installed by Tenant and are fully operational. At Tenant’s election, Tenant shall be entitled to include the installation of the Tenant Installed Checkmeters as part of the Base Building Work, Landlord will (i) install BTU meters Tenant Work pursuant to measure the Common Area usage and Exhibit D but at Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively Notwithstanding anything in this Lease to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises)contrary, Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error utilities used in the amount billed to TenantPremises based on the consumption thereof as metered by the applicable Tenant Installed Checkmeters and/or any separate meters or submeters installed by Tenant at the rates for the applicable utility then being charged by ACTIVE/91437610.6 the applicable public utility (together with all taxes and fees included by the utility provider), Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested without markup or any additional fees or charges added by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To In the maximum extent permitted event any governmental entity promulgates or revises any Law, or issues mandatory controls relating to the use or conservation of energy, water, gas, light or electricity, or the provision of any other utility or service furnished by lawLandlord in the Building, Landlord shall have may take any appropriate action to comply with such provision of Law or mandatory controls, including the right at making of alterations to the Building, subject, however, to the terms and conditions of this Lease. Tenant agrees to provide, within 10 Business Days of request by Landlord, such information and documentation as may be needed for compliance with any time and energy reporting or sustainability requirements as may be adopted from time to time during by the Term to contract for City of Boston or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to other governmental authority with jurisdiction over the Building, provided which information shall include, without limitation, usage at or by the Premises of electricity, natural gas, steam, hot or chilled water or other energy. Neither Landlord’s actions nor its failure to act shall entitle Tenant to any damages, ▇▇▇▇▇ or suspend Tenant’s obligation to pay Basic Rent and Additional Rent or constitute or be construed as a constructive or other eviction of Tenant except as otherwise specifically set forth herein. The parties hereto shall comply with all mandatory energy conservation controls and requirements applicable to the Building that are imposed or instituted by the rates charged by federal, state, county or municipal governments and are of general applicability to the occupants of the Building, including, without limitation, controls on the permitted range of temperature settings in office/retail buildings, and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Lease that conflict or interfere with compliance with such Utility Service Provider are competitive controls or requirements shall be suspended for the duration of such controls or requirements. Compliance with (i) the current market ratessuch controls or requirements shall not be considered an eviction, (ii) competitive bids received by actual or constructive, of Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial shall not entitle Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration to terminate this Lease or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord an abatement of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such requestRent payable hereunder.
Appears in 1 contract
Utility Services. (a) Tenant shall make all arrangements We agree to provide: connection to Internet service provider, basic cable television for the Apartment, and water and sewer You and the other residents of the Apartment must separately pay and provide required deposits for, if applicable: If it is necessary for us to pay any costs or repairs due to your failure to pay; failure to activate any utility under your name; or if you disconnect any utility before the Lease Ending date; then you will reimburse us for such amount plus fines and shall fees (for administrative costs) and the total amount is payable by you to us as additional Rent. You are responsible to pay for all utilities during the Lease term even if you move out prior to the ending date. We are not responsible for any discomfort, inconvenience, or damage of any kind caused by interruption or failure of these services. All utilities may be used only for normal household purposes and must not be wasted, and, utilities payable by you must be placed in your name or the name of one or more of the residents of the Apartment for the full Lease Term, if applicable. If at any time we use an outside vendor to provide utility billing services, we and/or the third-party provider have the right to charge you and such amount will be payable by you, as additional Rent. To the extent permitted by state law, a service fee, may be added to your monthly charges. You, and the other residents of the Apartment will be billed as required to pay those utilities directly to the Landlord or appropriate utility company during the Lease Term. If the dwelling unit is submetered, the bills will be issued thereon, electrical consumption charges for all charges common areas and deposits common facilities will be the responsibility of the owner and not of the Resident, and any disputes relating to the computation of the Resident's bill and the accuracy of the submetering device will be between the Resident and the owner and/or the utility provider. We have the right to turn off service to the Premises in order to make repairs or to do maintenance. LANDLORD HAS THE RIGHT TO TURN OFF CABLE AND INTERNET IF RENT IS NOT PAID OR FOR ANY VIOLATION OF THE LEASE OR APPLICABLE LAW. We are not responsible for and/or liable for your use of the Internet and you agree to indemnify and hold us harmless for your use of the same, including for loss of goodwill or reputation, without limitation. . If you want additional telephone service, it will be at your expense and you must contact the appropriate provider. If we detect or suspect your abuse or waste of any utilities paid by us, or if there is an increase in a utility’s rate, we have the right to notify you of an increase in the base rent and after the date of such notice, you are required by to pay the provider for, water, sewer, gas, boiler water, electricityhigher charge. Internet and Cable are provided as a courtesy and are not part of the rent amount. Utilities may be used only for normal household purposes and must not be wasted. You must comply with all rules and regulations of the cable, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become dueinternet access providers. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not We won’t be liable for any interruption interruption, surge or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted utility services by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) us to the Buildingpremises or any damage directly or indirectly caused by the interruption, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery surge or personal property within the Premises and associated with the delivery of Utility Servicesfailure.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Lease Agreement
Utility Services. (a) Except as otherwise provided in this Section 6.1, Tenant shall make all arrangements forcontract, and shall provide in its own name, for and pay when due all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation all Utilities billed or metered separately to the Premises and/or Tenant, together with all taxes, assessments, charges and penalties added to or included within such cost. Notwithstanding the foregoing, Landlord shall contract in its own name for all electrical service to the Premises, and shall manage the billing of any additional metering the actual cost of electricity incurred by or on behalf of Tenant in connection with its use and operation of the Premises (which was not installed as part such actual costs, without any ▇▇▇▇-up or premium whatsoever, and without imposition of any minimum usage charges, the Base Building Work) “Electrical Costs”), subject to reimbursement by Tenant for such Electrical Costs in accordance with the purpose terms of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlordthis Section 6.1. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, the Electrical Costs and Tenant shall pay each such invoiceLandlord for the same, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration delivery of such chargesa written invoice for the Electrical Costs. If permitted by applicable Laws, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant Landlord may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to Term, either contract for or purchase one or more Utility Services service from any company or third party different electrical utility companies (“Alternate Service Providers”) than those providing Utility Services electrical service on the date hereof (“Utility Service ProviderProviders”) or continue to contract for electrical service from the Building, provided that the rates charged by such Utility Service Providers; provided, however, that Landlord shall not contract with an Alternate Service Provider are competitive without Tenant’s consent, which consent Tenant shall not unreasonably withhold. Any and all costs associated with (i) a change to any Alternate Service Provider shall be paid by Landlord without reimbursement from Tenant. Tenant shall cooperate with Landlord, the current market rates, (ii) competitive bids received by Tenant from its existing utility providersUtility Service Providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility any Alternate Service Providers and at all times and, as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord Landlord, Utility Service Providers, and the Utility any Alternate Service Providers reasonable access to any all utility lines, equipment, feeders, risers, ductswiring, shafts, fixtures, wiring and any other such machinery or personal property and/or equipment within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition as necessary to the electrical equipment and/or appliances in the Premises which would require increased provide electrical service to the Premises or modifications Premises. In addition, Landlord shall provide the following services to the structure Premises during the period commencing February 1, 2015 and ending May 31, 2015 (the “SVT Period”), solely for the purpose of enabling Tenant to conduct system verification testing of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayedASF Furnaces, and using contractor(s) reasonably approved by Landlordspecifically not to operate the ASF Furnaces: compressed air, processed exhaust and will promptly advise Landlord of any other alteration or addition to such house electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be requiredcollectively, the “SVT Systems”). Tenant shall pay Landlord agrees the incremental cost associated with operating the SVT Systems during the SVT Period (including without limitation the cost charged by a duly licensed electrician mutually agreed by Landlord and Tenant in writing, to respond to any request for approval made by Tenant pursuant to this subsection (csupport the system verification testing) within ten (10) Business Days 30 days after its receipt Landlord delivers an invoice and reasonable supporting documentation. Landlord will provide Tenant with cost estimates for operating each SVT System reasonably in advance of such request.the SVT Period in order to enable Tenant to evaluate the anticipated costs of operating each SVT System. Tenant may elect to terminate
Appears in 1 contract
Sources: Facility Lease Agreement (GT Advanced Technologies Inc.)
Utility Services. Section 3.01. Lessee agrees to pay, or cause to be paid, as additional rent, all charges for electricity consumed in the Demised Premises (aor by any special facilities serving the Demised Premises, including the electricity used to power the VAV units serving the Demised Premises) Tenant and water consumed in any kitchen, shower, or other special facilities located in the Demised Premises. Lessor shall make have the right to select the utility providers, and Lessee shall pay all arrangements forcosts associated with obtaining the utility service, including costs for equipment installation, maintenance and repair; exit fees, stranded cost charges, and the like; and brokerage, legal, and consultants fees. Lessee's electric service for the Demised Premises originally leased hereunder. except for the electricity used to power the VAV units serving the Demised Premises, shall be separately metered at Lessee's expense as part of Landlord's Work. Lessee will comply with all commercially reasonable contracts relating to any such services. Lessee's charges for such utility usage shall be based upon Lessee's actual usage if separately metered. However, if such usage is not separately metered, such usage and billing shall be based upon a percentage of the total bill ▇▇▇ such unmetered utilities based upon a fraction equal to Lessee's square footage over the total square footage served by such non-separately metered utilities on a "net rentable" basis. Such additional rent for non-separately metered utilities may be estimated monthly by Lessor, based upon prior usage at the building or as projected by the appropriate utility company, and shall provide and pay all charges and deposits required be paid monthly by Lessee as billed with a final accounting based upon actual bills every six (6) months. In the event Lessee is billed directly by the provider forutility company for separately metered utilities, waterthen Lessee shall pay such bills directly to the utility company. As of the date of this Lease, sewerthe Premises shall have electricity service providing six (6) watt▇ ▇▇▇ rentable square foot.
Section 3.02. Lessor agrees to furnish reasonable heat and air conditioning (HVAC) to the Demised Premises, gascommon hallways and lavatories during normal business hours on regular business days during the heating or air conditioning season, boiler wateras applicable, to light common passageways twenty-four (24) hours a day, to provide hot water to lavatories, and to furnish reasonable cleaning services, including vacuuming and emptying ashtrays and wastebaskets throughout the building and clean common areas, common area glass, common lavatories and glass main entry doorways to the Demised Premises Mondays through Fridays (holidays excepted), in substantially the same fashion as furnished in similar buildings in the City of Woburn all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, telephone service or supplies from the sources from which they are usually obtained for such building, governmental restraints, or to any cause beyond the Lessor's control. Cleaning services shall be generally in accordance with the specification attached as Exhibit For the equivalent. Except as expressly provided in Section 3.03, below, in no event shall Lessor be liable for any interruption or delay in any of the above services for any of such causes. For the purposes of this clause, reasonable heat to common areas shall be defined as a minimum of 66 degrees Fahrenheit between the hours of 8:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday during the months from November through April (holidays excepted). Reasonable cooling of common areas shall be provided between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday during the cooling season (holidays excepted). If Lessee requests Lessor to provide heat or air conditioning at any other utilities or services used or consumed on the Premises time, Lessee shall pay therefor (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing billing) at reasonable rates established by LandlordLessor from ti me to time (but in no event more than Lessor's actual out-of-pocket cost therefor). In additionLessor shall also provide Lessee with access to the Demised Premises and the Premises 24 hours per day, 365 days per year, subject to reasonable security regulations imposed by Lessor during non-business hours.
Section 3.03. Notwithstanding anything contained in this Lease to the contrary, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are requiredan interruption or curtailment, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt suspension or stoppage of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Essential Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service depositsas defined below) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by occur for reasons other than a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same force majeure event as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result described in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question 20.18 (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for any interruption or failure in the supply of any utilities or Utility Services.
(d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.-8- 9
Appears in 1 contract
Sources: Lease Agreement (Fairmarket Inc)
Utility Services. (a) Tenant shall make be liable for paying for any and all arrangements forutility or service charges in the manner described herein. Monthly charges with respect to electric utility services will be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and shall provide presented to Tenant by Landlord’s third party billing provider (the “Utility Servicer”). Monthly charges with respect to water utility services will also be divided among all Tenants in the apartment, based on the number of occupants and pay all charges number of days of occupancy in the billing period, and deposits required presented to Tenant by the provider forUtility Servicer. Tenant’s pro-rata share of such charges shall be billed monthly as Tenant’s electric ▇▇▇▇. Tenant’s electric ▇▇▇▇ is not a part of Tenant’s Rent and will be paid separately from Rent. Tenant shall have 25 days to pay any amounts, after which Landlord may assess a late fee of 1% of the amount in arrears. Such obligations will exist for the entire Term of this Lease whether or not Tenant occupies the Dwelling. The electric services and the water/sewer will each be direct metered. Landlord shall also charge a $5.00 fee per month to Tenant for the valet trash collection service provided to the Dwelling, which will be billed and collected by the Utility Servicer. Each tenant of the Dwelling, including Tenant, is required to enter into an agreement Utility Servicer (which may change from time to time) for dividing and billing the utilities among the tenants of the Dwelling and which includes a monthly administration processing fee not in excess of $5.00 per invoice per Tenant. Tenant acknowledges that if any tenant in the Dwelling fails to sign up with the Utility Servicer, then the tenants of the Dwelling must change all utilities into their name and be responsible for paying all utility or service charges directly to the utility provider. Should Tenant or Tenant's roommate not fulfill this obligation to either sign an agreement with Utility Servicer or transfer services before the lease Term commencement or cause it to be transferred back into Landlord's name before surrendering the Dwelling, Tenant will be liable for a $50 charge plus the actual or estimated cost of the utilities used while the utility should have been connected in Tenant's name or that of a roommate. Landlord will provide cable, internet, lawn care and landscaping. Landlord and Agent make no representations and hereby disclaim any and all warranties expressed or implied with respect to the services, including, without limitation, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Landlord or Agent, whether in writing or otherwise, except as otherwise explicitly included in this Lease Agreement, or in in written documentation otherwise signed by the parties hereunder. Further, to the extent permitted by Prevailing Law, neither Landlord nor Agent shall be liable for loss or damages resulting from the interruption of heat, electricity, water, sewer, telephone, cable TV, internet or any other utility services, or for the malfunction of machinery or appliances serving the Leased Premises, Dwellings or any part of the Neighborhood. Neither Landlord nor Agent shall be liable for injury or damage to person or property caused by any defect in the heating, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, feewater, or otherwise, as sewer systems serving the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demandNeighborhood. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not Agent be liable for any interruption damages or failure in the supply of any utilities injury to persons or Utility Services.
(d) To the maximum extent permitted property caused by lawwind, Landlord shall have the right at any time and from time to time during the Term to contract for rain, fire, or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providersother natural damages, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06Tenant hereby expressly waives all claims for such injury, Tenant agrees reasonably to cooperate with Landlord loss, or damage and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAGREES TO INDEMNIFY LANDLORD AND AGENT AGAINST ANY AND ALL CLAIMS OF INJURY OR DAMAGE AS MAY BE ASSERTED BY ANY GUEST OR INVITEE OF TENANT.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Lease Agreement
Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become dueSection 3.01. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring chargeagrees to pay, and Tenant shall pay each such invoiceor cause to be paid, as Additional Rentadditional rent, within thirty (30) days after receipt of an invoice therefor. All costs, all charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without for ▇▇▇▇-up by Landlord on account of Landlord▇▇’s administration of such chargeselectricity, within thirty (30) days of invoice therefor by Landlord. With respect and ▇▇▇▇▇▇ will comply with all contracts relating to any Utility Services that are electrical services. Lessee’s charges for such electricity usage shall be based upon ▇▇▇▇▇▇’s actual usage, if separately metered. However, if such usage is not either separately metered or measured by a check meter or submeter (includingmetered, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant Lessee shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s pro rata share of such underpaymentelectricity charges. Such pro rata share shall be calculated by multiplying the total bill for such non-separately-metered electricity by a fraction the numerator of which shall be equal to the rentable square footage of the Demised Premises and the denominator of which shall be equal to the total rentable square footage served by such non-separately-metered electrical service. Such additional rent for non-separately-metered electricity may be estimated monthly by Lessor, based upon prior usage at the Building or as projected by the appropriate utility company, and shall be paid monthly by Lessee as billed, with a final accounting based upon actual bills every six (6) months. In the event Lessee is billed directly by the utility company for separately metered electricity, then Lessee shall pay such bills directly to the utility company.
Section 3.02. Lessor agrees to furnish reasonable heat and air conditioning (HVAC) to the common hallways and lavatories during normal business hours on regular business days during the heating or air conditioning season, as Additional Rentapplicable, within ten to light common passageways twenty-four (1024) Business Days hours a day, to provide hot water to lavatories, and to furnish reasonable cleaning services, including vacuuming and emptying ashtrays and wastebaskets throughout the Building (including the Demised Premises, but not including medical waste generated therein) and clean common areas, common area glass, common lavatories and glass main entry doorways to the Demised Premises, Mondays through Fridays, in substantially the same fashion as furnished in similar buildings in the City of demandNew Bedford, all subject to interruption due to accident, to the making of repairs, alterations or improvements, to labor difficulties, to trouble in obtaining fuel, electricity, service or supplies from the sources from which they are usually obtained for such building, governmental restraints, or to any cause beyond the Lessor’s control. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not Lessor be liable for any interruption or failure delay in any of the supply above services for any of any utilities or Utility Services.
(d) To such causes. For the maximum extent permitted by lawpurposes of this clause, Landlord reasonable heat to common areas shall have be defined as a minimum of 66 degrees Fahrenheit between the right at any time and from time hours of 7:00 a.m. to time 6:00 p.m. Monday through Friday during the Term to contract months from November through April. Reasonable cooling of common areas shall be provided between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday during the cooling season. Except as noted below, the Building will be open for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) access to the BuildingDemised Premises daily, Monday through Friday, between the hours of 7:00 a.m. and 6:00 p.m. The Building will be closed from 6:00 p.m. to 7:00 a.m. Monday through Friday, inclusive, all day Saturday, all day Sunday and on legal, state and federal holidays, at which time the Building will be locked and secured with access cards provided to Lessor, Lessee and other tenants for access on a 24 hour, 7 day a week basis (subject to emergency conditions). Provided however that the rates charged HVAC expenses occasioned by such Utility Service Provider are competitive with (i) access while the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to Building is closed will be the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event responsibility of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesLessee.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Commercial Lease Agreement
Utility Services. (a) Tenant shall make all arrangements for, and shall provide and pay all charges and deposits required by the provider for, water, sewer, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, fee, or otherwise, as the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed A. Lessor agrees to cause to be provided as part of the Base Building WorkLeasehold Improvements (as hereinafter defined) mains, conduits and other facilities which are capable of supplying electricity, gas, water and sewer service to the Premises in substantial accordance with the specifications attached hereto as Exhibit "F". Lessee hereby acknowledges the limits of the design standard of the electrical service to be furnished to the Premises as reflected on the specifications attached hereto as Exhibit "F" and, if additional capacity or wiring is required by Lessee, Lessee, after obtaining Lessor's approval with respect to the same, shall install such additional capacity or wiring at Lessee's own expense, provided it is permitted under State and Local code. Lessee shall pay for all electricity, water and sewer service provided to the purpose Premises and all such utilities shall be separately metered to the Premises.
B. As part of measuring Tenant’s consumption of Utility Servicesthe Leasehold Improvements, Lessor shall install a system including all duct work to heat, air condition and ventilate the Premises in substantial accordance with the specifications attached hereto as well as Exhibit "F". Lessee shall pay the cost for all such heating, air conditioning and ventilation service provided to the Premises, including the cost of installing maintenance, repair and replacement of same. Lessor, at its sole option, may arrange for a preventative maintenance contract for the HVAC units; provided, however, Lessor shall provide Lessee thirty (at any time 30) days prior written notice of its intent to so arrange for a preventive maintenance contract for the HVAC units. The costs for such a maintenance contract will become a part of the Common Area costs and expenses. Lessee will also carry insurance covering said equipment which may be self-insured as provided herein and will provide proof of insurance satisfactory to Lessor on said equipment upon occupancy.
▇. ▇▇▇▇▇▇ may, if it so elects, furnish one or during more utility services to Lessee, and in such event Lessee shall purchase the Term) use of such services as are tendered by Lessor, and maintaining any “check” or “sub” meters, shall pay within thirty (30) days after invoicing from receipt of invoice as additional rental the rates established therefor by Landlord. In additionLessor, if Landlord which shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, not exceed the rates which would be charged for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (same service if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required furnished directly by the Utility Service Providerlocal public utility companies. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall All said ▇▇▇▇▇▇▇▇ Tenant monthly for shall be based upon Lessee's actual consumption of such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty utility services. Lessor may at any time upon forty-five (3045) days after receipt of an invoice therefor. All costs, charges and expenses associated with notice to Lessee discontinue furnishing any such service without obligation to Lessee other than to connect the commencement of the provision by a particular Utility Service Provider to Tenant or Premises to the Premises at the request of Tenant (e.g.public utility, installation chargesif any, service deposits) shall be the sole responsibility of Tenantfurnishing such service.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider▇. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demand. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not be liable for in damages or otherwise, nor shall there be an abatement of rents, if the furnishing by any interruption or failure in the supply supplier of any utilities utility service or Utility Services.
(d) To the maximum extent permitted by law, Landlord shall have the right at any time and from time to time during the Term to contract for or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providers, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06, Tenant agrees reasonably to cooperate with Landlord and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility Services.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises shall be interrupted or modifications to impaired by fire, accident, riot, strike, act of God, the structure making of the Unit necessary repairs or the Buildingimprovements, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such requestcauses beyond Lessor's control.
Appears in 1 contract
Utility Services. (a) Tenant shall make be liable for paying for any and all arrangements forutility or service charges in the manner described herein. Monthly charges with respect to electric utility services will be divided among all Tenants in the apartment, based on the number of occupants and number of days of occupancy in the billing period, and shall provide presented to Tenant by Landlord’s third party billing provider (the “Utility Servicer”). Monthly charges with respect to water utility services will also be divided among all Tenants in the apartment, based on the number of occupants and pay all charges number of days of occupancy in the billing period, and deposits required presented to Tenant by the provider forUtility Servicer. Tenant’s pro- rata share of such charges shall be billed monthly as Tenant’s electric ▇▇▇▇. Tenant’s electric ▇▇▇▇ is not a part of Tenant’s Rent and will be paid separately from Rent. Tenant shall have 25 days to pay any amounts, after which Landlord may assess a late fee of 1% of the amount in arrears. Such obligations will exist for the entire Term of this Lease whether or not Tenant occupies the Dwelling. The electric services and the water/sewer will each be direct metered. Landlord shall also charge a $5.00 fee per month to Tenant for the valet trash collection service provided to the Dwelling, which will be billed and collected by the Utility Servicer. Each tenant of the Dwelling, including Tenant, is required to enter into an agreement Utility Servicer (which may change from time to time) for dividing and billing the utilities among the tenants of the Dwelling and which includes a monthly administration processing fee not in excess of $5.00 per invoice per Tenant. Tenant acknowledges that if any tenant in the Dwelling fails to sign up with the Utility Servicer, then the tenants of the Dwelling must change all utilities into their name and be responsible for paying all utility or service charges directly to the utility provider. Should Tenant or Tenant's roommate not fulfill this obligation to either sign an agreement with Utility Servicer or transfer services before the lease Term commencement or cause it to be transferred back into Landlord's name before surrendering the Dwelling, Tenant will be liable for a $50 charge plus the actual or estimated cost of the utilities used while the utility should have been connected in Tenant's name or that of a roommate. Landlord will provide cable, internet, lawn care and landscaping. Landlord and Agent make no representations and hereby disclaim any and all warranties expressed or implied with respect to the services, including, without limitation, those warranties concerning merchantability and fitness for a particular purpose or use, whether made allegedly by Landlord or Agent, whether in writing or otherwise, except as otherwise explicitly included in this Lease Agreement, or in in written documentation otherwise signed by the parties hereunder. Further, to the extent permitted by Prevailing Law, neither Landlord nor Agent shall be liable for loss or damages resulting from the interruption of heat, electricity, water, sewer, telephone, cable TV, internet or any other utility services, or for the malfunction of machinery or appliances serving the Leased Premises, Dwellings or any part of the Neighborhood. Neither Landlord nor Agent shall be liable for injury or damage to person or property caused by any defect in the heating, gas, boiler water, electricity, telephone and any other utilities or services used or consumed on the Premises (collectively, “Utility Services”), whether called use charge, tax assessment, feewater, or otherwise, as sewer systems serving the same become due. Tenant shall reimburse Landlord, as Additional Rent, for the cost of installation of any additional metering of the Premises (which was not installed as part of the Base Building Work) for the purpose of measuring Tenant’s consumption of Utility Services, as well as the cost of installing (at any time prior to or during the Term) and maintaining any “check” or “sub” meters, within thirty (30) days after invoicing by Landlord. In addition, if Landlord shall install, at Tenant’s request, meters for any Utility Services requested by Tenant, Tenant shall reimburse Landlord, as Additional Rent, for the reasonable cost of installing such meters (and thereafter, for maintaining the same) within thirty (30) days after invoicing by Landlord.
(b) As part of the Base Building Work, Landlord will (i) install BTU meters to measure the Common Area usage and Tenant’s Base Building hot water and chilled water consumption within its Premises (if additional taps from the main loop are required, Tenant shall install them at its own cost and expense, and any meters installed as part of such work shall be compatible with the Unit equipment and the Unit Building Management System (BMS); (ii) provide space for a Tenant meter on the utility gas manifold so that Tenant can install (at its sole cost and expense) any gas service necessary to service the exclusive needs of Tenant’s Premises; and (iii) provide a connection to the Building potable water service to the Premises. Tenant shall provide and install a water meter at this connection with a remote reader to record Tenant’s use of domestic water within the Premises. Tenant shall install, as part of its electrical service switchgear, a CT cabinet with an electrical usage meter as required by the Utility Service Provider. If the Utility Service Provider will not allow individual direct metering for Tenant’s service, this meter shall be used to measure Tenant’s direct usage of electricity within the Premises, (including the electricity consumed in providing HVAC service to the Premises), for which Tenant shall reimburse Landlord at the direct billing rates charged to Landlord by the Utility Service Provider. Landlord shall ▇▇▇▇ Tenant monthly for such electrical consumption and hot water consumption as a recurring charge, and Tenant shall pay each such invoice, as Additional Rent, within thirty (30) days after receipt of an invoice therefor. All costs, charges and expenses associated with the commencement of the provision by a particular Utility Service Provider to Tenant or to the Premises at the request of Tenant (e.g., installation charges, service deposits) shall be the sole responsibility of Tenant.
(c) Tenant shall timely pay all costs and expenses associated with any directly and separately metered utilities provided exclusively to the Premises directly to the applicable service provider. Tenant shall pay all costs and expenses associated with utility charges that are based on sub-metering or check metering directly to Landlord, without ▇▇▇▇-up by Landlord on account of Landlord’s administration of such charges, within thirty (30) days of invoice therefor by Landlord. With respect to any Utility Services that are not either separately metered or measured by a check meter or submeter (including, without limitation, HVAC service provided to any portion of the Premises by means of the Building HVAC system rather than HVAC units serving solely the Premises), Tenant shall pay the cost of the same as part of Operating Costs payable hereunder. Tenant may, no more than once per calendar year, conduct an engineering survey at its sole cost and expense to determine whether the submeters and/or check meters are accurately measuring the particular services to be measured thereby and, if Tenant discovers any metering inaccuracies as a result of such survey and such inaccuracies result in an error in the amount billed to Tenant, Landlord shall promptly refund the overpayment within ten (10) Business Days after receipt of notice from Tenant of such inaccuracy. If requested by Landlord, Tenant and the persons conducting the engineering survey for Tenant shall enter into a reasonable confidentiality agreement prior to inspecting such meters, which shall permit Tenant to disclose the results of such survey to the extent required to enforce its rights hereunder. If the survey shows any errors resulting in any underpayment for such services, Tenant shall reimburse Landlord for Tenant’s share of such underpayment, as Additional Rent, within ten (10) Business Days of demandNeighborhood. In no event shall Tenant engage any person in connection with such engineering survey whose fees or costs are payable, in whole or part or directly or indirectly, in a contingent manner or by means of any commission depending on the survey outcome. Any dispute regarding amounts due, or accuracy of the meters, under this paragraph shall be resolved in accordance with Section 16.17 of this Lease at the request of Landlord or Tenant, which request shall be made with respect to disputes regarding amounts due, no later than one hundred eighty (180) days after Tenant receives Landlord’s Annual Operating Statement for the fiscal year in question (any ▇▇▇▇ not disputed within such one hundred eighty (180) day period shall be deemed final and conclusive). Except as expressly set forth in Section 6.03, Landlord shall not Agent be liable for any interruption damages or failure in the supply of any utilities injury to persons or Utility Services.
(d) To the maximum extent permitted property caused by lawwind, Landlord shall have the right at any time and from time to time during the Term to contract for rain, fire, or purchase one or more Utility Services from any company or third party providing Utility Services (“Utility Service Provider”) to the Building, provided that the rates charged by such Utility Service Provider are competitive with (i) the current market rates, (ii) competitive bids received by Tenant from its existing utility providersother natural damages, and (iii) rates then-existing with respect to the Premises. Subject to Section 9.06Tenant hereby expressly waives all claims for such injury, Tenant agrees reasonably to cooperate with Landlord loss, or damage and such Utility Service Providers and at all times as reasonably necessary, and on reasonable advance notice (except in the event of emergency), shall allow Landlord and the Utility Service Providers reasonable access to any utility lines, equipment, feeders, risers, ducts, shafts, fixtures, wiring and any other such machinery or personal property within the Premises and associated with the delivery of Utility ServicesAGREES TO INDEMNIFY LANDLORD AND AGENT AGAINST ANY AND ALL CLAIMS OF INJURY OR DAMAGE AS MAY BE ASSERTED BY ANY GUEST OR INVITEE OF TENANT.
(e) Except for the Initial Tenant Work and the equipment and appliances being installed in connection therewith, Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which would require increased electrical service to the Premises or modifications to the structure of the Unit or the Building, without the prior written consent of Landlord in each instance, which consent will not be unreasonably withheld, conditioned or delayed, and using contractor(s) reasonably approved by Landlord, and will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances (as to which Landlord’s prior written consent shall not be required). Landlord agrees to respond to any request for approval made by Tenant pursuant to this subsection (c) within ten (10) Business Days after its receipt of such request.
Appears in 1 contract
Sources: Lease Agreement