Common use of LANDLORD'S SERVICES Clause in Contracts

LANDLORD'S SERVICES. 16.01 Landlord agrees to furnish to the Demised Premises and/or Building, as applicable, at no additional charge (unless otherwise provided for in this Lease) the following utilities and services: (a) hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest control when necessary which Tenant shall be required to pay as additional rent (at Landlord’s reasonable cost therefor); (c) janitorial services for the common areas of the Building; (d) elevator and freight elevator (at such time as the Building has a freight elevator) service; provided, however, that use of the freight elevator must be scheduled in advance with Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasons, respectively, Tenant to have full control of HVAC system; and (f) access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week during the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and in good order and condition. Tenant, shall be responsible for cleaning the Demised Premises and for the removal of any rubbish from the Demised Premises. Tenant shall deposit any rubbish in a street location to be designated by Landlord. Tenant shall be solely responsible for the maintenance of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing warranty.

LANDLORD'S SERVICES. 16.01 15.01. (a) Landlord agrees to furnish will provide, after the term of this Lease shall have commenced the following services to the Demised Premises and/or Buildingin the manner hereinafter more particularly set forth: (i) heat, as applicableventilation and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in which event Tenant shall be entitled to a reduction in Fixed Rent (the “Cleaning Cost Reduction”) from and after the effective date of such election by Tenant equal to (x) the number of rentable square feet contained in the Premises, multiplied by (y) the cost which would have been incurred by Landlord on a per rentable square foot basis to provide cleaning services to the Premises in accordance with the provisions of Exhibit J annexed hereto under the cleaning contract with an independent cleaning contractor unaffiliated with Landlord covering the remaining office portions of the Building to which Landlord (or a Landlord Affiliate) is providing cleaning services, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no additional charge cost to Tenant, connections to the Building’s life safety systems, but the actual cost (unless otherwise provided for without profit or markup) to physically make such connections shall be at Tenant’s Cost. Any dispute between the parties as to the amount of the Cleaning Cost Reduction, if applicable, may be submitted by either party to arbitration in accordance with the provisions of Article 35 hereof. Notwithstanding the provisions of this LeaseSection 15.01(a) to the following utilities and services: contrary, if Tenant elects to provide its own cleaning service with respect to the Premises, Tenant agrees that (ai) hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest control when necessary which Tenant shall be required to pay as additional rent (not exercise such rights in a manner which would create any work stoppage at Landlord’s reasonable cost therefor); (c) janitorial services for the common areas of the Building; (d) elevator and freight elevator (at such time as the Building has a freight elevator) service; provided, however, that use of the freight elevator must be scheduled in advance with Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasons, respectively, Tenant to have full control of HVAC system; and (f) access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week during the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and (ii) notwithstanding the provisions of Exhibit J, if Tenant elects to provide its own cleaning service as provided in good order and condition. Tenantthis Section 15.01(a), Tenant shall be responsible for not perform any cleaning outside the Demised Premises and for the removal of Cleaning Cost Reduction shall not include any rubbish from the Demised Premises. Tenant shall deposit any rubbish in a street location amount attributable to be designated by Landlord. Tenant shall be solely responsible for the maintenance of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure cleaning outside of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing warrantyPremises.

LANDLORD'S SERVICES. 16.01 (a)Landlord shall furnish at no additional cost to Tenant, but all costs and expenses incurred by Landlord agrees in connection with providing said services shall be included in Landlord’s Operating Costs: (i) heat and air conditioning required for the comfortable occupancy of the Demised Premises, between 8:00 A.M. and 6:00 P.M. Monday through Friday, and Saturday 9:00 A.M. to furnish 1:00 P.M., excluding Holidays (see Exhibit E for “Holiday Schedule”); (ii) electricity to the Demised Premises and/or Buildingfor Tenant’s office use, as applicable, at no additional charge (unless otherwise provided including lighting and electrical outlets for in this Lease) the following utilities and services: (a) hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposesequipment; (biii) extermination access and pest control when necessary which Tenant shall be required elevator service to pay as additional rent the Demised Premises at all times, including one weekend elevator; (at Landlord’s reasonable cost thereforiv) restroom supplies (Common Area restrooms only); (cv) janitorial cleaning services as set forth in the Building Janitorial Specifications (annexed hereto as Exhibit D) on weekdays, excluding Holidays, (vi) removal of ice, snow and debris from the Common Areas, including, but not limited to, walkways, Parking Areas, parking lots, and other paved surfaces; (vii) landscaping maintenance and services for all plants, shrubs, flower beds and grounds located in both the common areas interior and exterior of the BuildingBuilding and the Common Areas; (d) elevator and freight elevator (at such time as the Building has a freight elevator) service; provided, however, that use of the freight elevator must be scheduled in advance with Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasons, respectively, Tenant to have full control of HVAC system; and (fviii) access to the Building, Common Areas and Demised Premises twenty-four (24) hours per day, seven (7) days per week during week; (ix) hot and cold water to the TermDemised Premises in quantities customary for office usage for drinking, pantry, cleaning and lavatory purposes, toilet facilities and sewerage services; and (x) such other services as Landlord may set forth from time to time. AdditionallyLandlord shall have the right to reasonably modify the terms and/or frequency of the services provided Landlord gives at least five (5) business days’ notice of any changes, Landlord (either directly so long as such changes do not materially interfere with or through a managing agent) materially disrupt the Tenant’s access or use of the Demised Premises as contemplated in this Lease or require the Tenant to incur any costs. The following temperature ranges per BMS controlled existing heat pump HVAC system shall manage, operate and administer be maintained in the Building and keep common areas clean and in good order and condition. Tenant, shall be responsible for cleaning the Demised Premises and for during standard Building operating hours in accordance with regional best practices; (i) 69-74 degrees Fahrenheit during the removal of any rubbish from summer when the Demised Premises. Tenant shall deposit any rubbish in a street location to be designated by Landlord. Tenant shall be solely responsible for outside temperature remains below 95 degrees Fahrenheit, (ii) 69-74 degrees Fahrenheit during the maintenance of HVAC system servicing winter when the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant theretooutside temperature remains above 10 degrees Fahrenheit, and (iii) 69-74 degrees Fahrenheit during the failure of spring and fall when the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing warrantyoutside temperature remains below 95 degrees Fahrenheit and above 10 degrees Fahrenheit.

LANDLORD'S SERVICES. 16.01 Landlord agrees to furnish to the Demised Premises and/or Building, as applicable, at no additional charge (unless otherwise provided for in this Lease) the following utilities and services: (a) hot The Landlord will provide climate control to the Leased Premises during Normal Business Hours to maintain a temperature adequate for occupancy, except during the making of repairs, alterations or improvements to the climate control apparatus and cold water suitable provided that the Landlord shall have no responsibility or liability for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest failure to supply climate control service when necessary which stopped as aforesaid or when prevented from so doing by strikes or causes beyond the Landlord's reasonable control. The Tenant shall be required to pay as additional rent (at Landlord’s reasonable cost therefor); (c) janitorial services acknowledges that the Landlord has installed a system for the common areas purpose of climate control, which system is designed to heat and cool during normal occupancy of the Building; Leased Premises as general offices on the basis of one (d1) elevator person to every one hundred (100) square feet of space on an open floor basis and freight elevator (at such time as based on the Building has a freight elevator) service; providedwindow shading being fully closed in those offices having exterior windows exposed to the sun, however, that without having regard to the Tenant's specific use thereof or the installation in the Leased Premises by the Tenant or by anyone on behalf of the Tenant of any excessive heat generating equipment. Any use of the freight elevator must Leased Premises not in accordance with the design standards or any arrangement of partitions which interferes with the normal operation of such system may require changes or alterations in the system or the ducts. Any changes or alterations so occasioned, if such changes can be scheduled in advance with accommodated by the Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasons, respectively, Tenant to have full control of HVAC system; and (f) access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week during the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and in good order and condition. Tenant's equipment, shall be responsible for cleaning made (i) by the Demised Premises Tenant (or, at the Landlord's option, by the Landlord), (ii) in either case, at the Tenant's expense and for only with the removal of any rubbish from Landlord's prior written consent, and (iii) in accordance with drawings and specifications and by a contractor first approved in writing by the Demised Premises. Tenant shall deposit any rubbish in a street location to be designated by Landlord. Tenant shall be solely responsible for the maintenance If installation of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant theretopartitions, and the failure equipment or fixtures by or on behalf of the HVAC system is not Tenant (other than the fault of Tenant, Landlord shall be responsible for partitions installed pursuant to the replacement Landlord's Work as set out in Schedule "C") necessitates the rebalancing of the HVAC system or portion of the enforcement climate control equipment installed in the Leased Premises, such work will be performed by the Landlord at the Tenant's expense, together with an amount equal to fifteen percent (15%) of any existing warrantythe total expense thereof representing the Landlord's overhead, payable by the Tenant within five (5) days after written demand as Additional Rent. The Tenant acknowledges that one (1) year may be required after the Tenant has fully occupied the Leased Premises in order to adjust and balance the climate control systems.

LANDLORD'S SERVICES. 16.01 15.01. (a) Landlord agrees to furnish will provide, after the term of this Lease shall have commenced the following services to the Demised Premises and/or Buildingin the manner hereinafter more particularly set forth: (i) heat, as applicableventilation and air conditioning; (ii) elevator service; (iii) domestic hot and cold water; and (iv) cleaning (unless Tenant shall at any time during the term of this Lease elect to provide its own cleaning service with respect to the Premises, in which event Tenant shall be entitled to a reduction in Fixed Rent (the "CLEANING COST REDUCTION") from and after the effective date of such election by Tenant equal to (x) the number of rentable square feet contained in the Premises, multiplied by (y) the cost which would have been incurred by Landlord on a per rentable square foot basis to provide cleaning services to the Premises in accordance with the provisions of Exhibit J annexed hereto under the cleaning contract with an independent cleaning contractor unaffiliated with Landlord covering the remaining office portions of the Building to which Landlord (or a Landlord Affiliate) is providing cleaning services, or if no such contract is in effect, the prevailing cost to provide such cleaning services by independent cleaning contractors in Comparable Buildings. Landlord shall also provide, at no additional charge cost to Tenant, connections to the Building's life safety systems, but the actual cost (unless otherwise provided for without profit or markup) to physically make such connections shall be at Tenant's Cost. Any dispute between the parties as to the amount of the Cleaning Cost Reduction, if applicable, may be submitted by either party to arbitration in accordance with the provisions of Article 35 hereof. Notwithstanding the provisions of this LeaseSection 15.01(a) to the following utilities and services: contrary, if Tenant elects to provide its own cleaning service with respect to the Premises, Tenant agrees that (ai) hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest control when necessary which Tenant shall be required to pay as additional rent (not exercise such rights in a manner which would create any work stoppage at Landlord’s reasonable cost therefor); (c) janitorial services for the common areas of the Building; (d) elevator and freight elevator (at such time as the Building has a freight elevator) service; provided, however, that use of the freight elevator must be scheduled in advance with Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasons, respectively, Tenant to have full control of HVAC system; and (f) access to the Demised Premises twenty-four (24) hours per day, seven (7) days per week during the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and (ii) notwithstanding the provisions of Exhibit J, if Tenant elects to provide its own cleaning service as provided in good order and condition. Tenantthis Section 15.01(a), Tenant shall be responsible for not perform any cleaning outside the Demised Premises and for the removal of Cleaning Cost Reduction shall not include any rubbish from the Demised Premises. Tenant shall deposit any rubbish in a street location amount attributable to be designated by Landlord. Tenant shall be solely responsible for the maintenance of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure cleaning outside of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing warrantyPremises.

LANDLORD'S SERVICES. 16.01 Landlord agrees to furnish shall maintain the existing common Building systems in good condition throughout the Term of the Lease. In addition to the Demised Premises and/or Buildingservices provided by Landlord, as applicable, at no additional charge Tenant shall have (unless otherwise provided for in this Leasex) the following utilities right to use the loading dock, dumpster and/or compactor, and services: (a) hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest control when necessary which Tenant shall be required to pay as additional rent (at Landlord’s reasonable cost therefor); (c) janitorial freight elevator services for the common areas of Building on a non-discriminatory, first-come, first served basis, it being understood that the Building; (d) elevator and freight elevator (at such time as the Building has a freight elevator) service; provided, however, that use of the freight elevator elevator, dumpster and/or compactor, and loading dock must be scheduled in advance with Landlord but there shall be no charge for any such usage, and (y) such other services as Landlord reasonably determines are necessary or appropriate for the Property, including any services Landlord provides generally to tenants or other occupants of the Science Building. If Landlord, at Tenant’s request, provides any services which are not Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasonsexpress obligation under this Lease, respectivelyincluding, without limitation, any repairs which are Tenant’s responsibility pursuant to Section 10.1 below, Tenant shall pay Landlord, or such other party designated by Landlord, the cost of providing such service plus a reasonable administrative charge. Except in emergencies, as reasonably determined by Landlord, Landlord shall use reasonable efforts to have full control notify Tenant of HVAC system; Landlord’s estimate of the cost of providing such services and any associated administrative charges prior to providing such service(s). If Tenant wishes to obtain such services which are not Landlord’s express obligation under this Lease from third party vendors other than Landlord, Tenant may do so, subject to Landlord’s reasonable approval of such services and provided that (i) any such third party vendors are approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), (ii) such third party vendors provide Landlord with evidence of amounts and types of insurance as may be reasonably required by Landlord, (iii) such third party vendors comply with the applicable rules and regulations for the Building, and (fiv) access to such third party vendors will not cause a labor disruption vis a vis other vendors or contractors in the Demised Premises twenty-four (24) hours per dayBuilding, seven (7) days per week during the Term. Additionally, as determined by Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and in good order and condition. Tenant, shall be responsible for cleaning the Demised Premises and for the removal of any rubbish from the Demised PremisesLandlord’s reasonable discretion. Tenant shall deposit provide its own cleaning services to the Premises according to cleaning standards generally prevailing in comparable research and development buildings in the City of Cambridge and according to any rubbish in a street location cleaning specifications adopted by Landlord from time to be designated by Landlord. Tenant shall be solely responsible for time during the maintenance Term of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing warrantythis Lease.

LANDLORD'S SERVICES. 16.01 Landlord agrees to furnish to the Demised Premises and/or Building, as applicable, at no additional charge (unless otherwise provided for in this Lease) the following utilities and services: (a) hot and cold water suitable The Landlord will provide climate control to the Leased Premises during Normal Business Hours to maintain a climate adequate for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest occupancy. The Landlord will have no responsibility or liability for failure to supply a climate control service when necessary which stopped for temporary repairs or maintenance or by strikes or causes beyond the Landlord's reasonable control. The Tenant shall be required to pay as additional rent (at Landlord’s reasonable cost therefor); (c) janitorial services acknowledges that the Landlord has installed in the Building a system for the common areas purpose of climate control, which system is designed to heat and cool during normal occupancy of the Building; Leased Premises as general offices on the basis of one (d1) elevator person to every one hundred (100) square feet of space on an open floor basis and freight elevator (at such time as based on the Building has a freight elevator) service; providedwindow shading being fully closed in those offices having exterior windows exposed to the sun, however, that without having regard to the Tenant's specific use or the installation in the Leased Premises of any heat generating equipment. Any use of the freight elevator must Leased Premises not in accordance with the design standards or any arrangement of partitions which interferes with the normal operation of such system may require alterations in the system or ducts. Any of these alterations, if they can be scheduled accommodated by the Landlord's equipment, will be made (i) by the Tenant (or, at the Landlord's option, by the Landlord), (ii) in advance either case, at the Tenant's expense and only with the Landlord’s representative; (e) heating and air-conditioning at all times during the heating and air-conditioning seasons's prior written consent, respectively, Tenant to have full control of HVAC system; and (fiii) access in accordance with drawings and specifications and by a contractor first approved in writing by the Landlord. If installation of partitions, equipment or fixtures by or on behalf of the Tenant (other than the partitions installed pursuant to the Demised Premises twenty-four (24Landlord's Work as set out in Schedule "C") hours per day, seven (7) days per week during necessitates the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and in good order and condition. Tenant, shall be responsible for cleaning the Demised Premises and for the removal of any rubbish from the Demised Premises. Tenant shall deposit any rubbish in a street location to be designated by Landlord. Tenant shall be solely responsible for the maintenance of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure rebalancing of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement portion of the HVAC system or climate control equipment installed in the enforcement Leased Premises, such work will be performed by the Landlord at the Tenant's expense, together with an amount equal to fifteen percent (15%) of any existing warrantythe total expenses thereof representing the Landlord's overhead, payable by the Tenant upon demand as Additional Rent. The Tenant acknowledges that one (1) year may be required after the Tenant has fully occupied the Leased Premises in order to properly adjust and balance the climate control system. If the Tenant requests the provision of climate control services to the Leased Premises after Normal Business Hours, the Landlord will provide such services to the Tenant at the Tenant's expense at the rate determined by the Landlord in its sole discretion, having regard to reasonable and current practices relevant to a similar multi-use commercial building, payable by the Tenant upon demand.

LANDLORD'S SERVICES. 16.01 Landlord agrees to furnish shall pay Landlord’s Taxes, obtain and maintain Insurance and maintain, repair and replace the structural elements of the foundation, floor/ceiling slabs, columns, beams, elevator shafts, stairwells and the exterior fence bordering the adjoining cemetery (to the Demised extent Landlord is otherwise obligated to care for such fence) (collectively, “Building Structure”), and in addition Landlord shall as needed replace (but not maintain and repair, such obligation be an obligation of Tenant) the roof, exterior curtain wall including windows and mullions, and stairs and stairwells, keeping the same in the condition Tenant is required to keep the remainder of the Premises and/or Buildingso long as any damage thereto was not do to the act, as applicableneglect or violation of any covenant of this Lease by Tenant or its Transferees or any of their agents, at no additional charge employees or independent contractors (unless otherwise provided and in any such case, Tenant and not Landlord shall be responsible for repairing and replacing such damaged items). If Landlord shall be in default in its express obligations set forth in this Lease (subject to any applicable notice and cure periods) and such default materially disrupts the conduct of Tenant’s business in the Premises for the uses permitted under this Lease, Tenant may thereafter give notice to Landlord that Tenant intends to exercise a Tenant’s Cure as described below (“Tenant’s Cure Notice”). If such default and disruption continues for a period of thirty (30) the following utilities and services: (a) hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (b) extermination and pest control when necessary which Tenant shall be required to pay as additional rent (at days after Landlord’s receipt of Tenant’s Cure Notice (or, if such default cannot reasonably be cured within such thirty (30) day period, such longer period as is reasonably required under the circumstances so long as Landlord has in good faith commenced such cure within such thirty (30) day period and thereafter prosecutes the same with reasonable cost therefordiligence to completion); , then Tenant may (cbut shall not be obligated) janitorial services for the common areas thereafter to perform such of the Building; defaulted obligations of Landlord as shall eliminate such disruption (d) elevator and freight elevator (at such time as the Building has a freight elevator) service; “Tenant’s Cure”), provided, however, that use notwithstanding the foregoing (a) no default by Landlord under the provisions of Sections 6.3 and 6.4 shall ever give rise to Tenant’s rights to effect a Tenant’s Cure and (b) if any Mortgagee gives Tenant notice before Tenant is entitled to commence Tenant’s Cure that it will cause a Tenant’s Cure, then Tenant shall not be entitled to effect a Tenant’s Cure so long as such Mortgagee commences within thirty (30) days and diligently prosecutes the same with reasonable promptness. In performing any Tenant’s Cure Tenant shall do only that work reasonably necessary to cure those portions of Landlord’s default that are disrupting the conduct of Tenant’s business, and shall perform all such work in a good and workmanlike manner with a responsible contractor. Landlord shall reimburse all of the freight elevator must be scheduled in advance with LandlordTenant’s representative; reasonable costs, including but not limited to out of pocket costs paid to third parties for performing such Tenant’s Cure and an internal project management fee equal to a third party project manager’s fee within thirty (e) heating and air-conditioning at all times during the heating and air-conditioning seasons, respectively, Tenant to have full control of HVAC system; and (f) access to the Demised Premises twenty-four (24) hours per day, seven (730) days per week during the Term. Additionally, after written demand to Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and in good order and condition. Tenant, shall be responsible for cleaning the Demised Premises and for the removal of any rubbish from the Demised Premises. Tenant shall deposit any rubbish in a street location to be designated therefor accompanied by Landlord. Tenant shall be solely responsible for the maintenance of HVAC system servicing the Demised Premises. Provided that if Tenant obtains a monthly service contract for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure of the HVAC system is not the fault of Tenant, Landlord shall be responsible for the replacement of the HVAC system or the enforcement of any existing warrantyreasonable back-up documentation.

LANDLORD'S SERVICES. 16.01 Landlord agrees to furnish to the Demised Premises and/or Building, as applicableshall, at no additional charge its expense, furnish the Premises with (unless otherwise provided for in i) electricity subject to Item 9 of this Lease) the following utilities and services: (a) hot and cold water suitable for drinking, lavatory, toilet and ordinary cleaning purposes; (bii) extermination heat and pest control when necessary which Tenant shall be air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required to pay as additional rent (at Landlord’s reasonable cost therefor); (c) janitorial services for the common areas occupation of the Building; (d) elevator and freight elevator (at Premises, such time as the Building has a freight elevator) service; provided, however, that use of the freight elevator must be scheduled in advance with Landlord’s representative; (e) heating heat and air-conditioning at all times during to be provided by utilizing the heating existing Building systems, it being expressly understood and agreed by the parties that Landlord specifically shall not be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the equipment to function properly, or while it is being repaired, or due to any governmental laws, regulations or restrictions pertaining to the furnishing or use of such heat and air-conditioning seasons, respectively, Tenant to have full control of HVAC systemconditioning; (iii) elevator service; (iv) lighting replacement for customary fluorescent lighting provided by Landlord; (v) toilet room supplies; (vi) daily janitor service during the time and in the manner that such janitor service is customarily furnished in first class office Buildings in the metropolitan area where the Building is located; (vii) water; and (fviii) access sewerage. The foregoing services are designated “Building Standard”. Tenant will pay $35.00 per hour per floor (this price is subject to the Demised Premises twenty-four change) for HVAC after normal business hours, which are: Monday through Friday 8:00 a.m. - 6:00 p.m. Saturday 8:00 a.m. - 1:00 p.m. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or specialty services and maintenance (24over Building Standard) hours per dayare required, seven (7) days per week during the Term. Additionally, Landlord (either directly or through a managing agent) shall manage, operate and administer the Building and keep common areas clean and in good order and condition. Tenant, then Tenant solely shall be and is responsible for cleaning the Demised Premises same and for the removal any and all expenses and costs of any rubbish from the Demised Premisesnature whatsoever associated with same. To this end, Tenant shall deposit any rubbish in a street location to be designated by Landlord. Tenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other things, maintaining upgraded Tenant improvements in the maintenance Premises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and facilities serving the Premises, refundable security deposits for after-hours building access cards, etc. In the event Tenant requests that Landlord provide to the Premises any form of HVAC system servicing specialty services for purposes identified by Tenant to be the Demised Premises. Provided responsibility of the Landlord and the results of such specialty services indicate that if Tenant obtains a monthly service contract Tenant’s perceived problem does not exist or that Landlord is not responsible for the HVAC system and the HVAC system is maintained pursuant thereto, and the failure of the HVAC system is not the fault cause of Tenant’s request, Landlord then Tenant shall be responsible for any expenses and costs of any nature whatsoever associated with Tenant’s request. Tenant’s request to Landlord for such specialty services shall be in writing and delivered to the replacement Landlord at the notice address as defined in this Lease, or such other address as Landlord may require. Landlord shall not be liable for any damages directly or indirectly or consequentially resulting from, nor shall any Rent or Additional Rent herein set forth be reduced or abated by reason of, (1) installation, use, or interruption of use of any equipment in connection with the furnishing of any of the HVAC system foregoing services, or (2) failure to furnish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the enforcement reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises or to the Building or because of any existing warrantygovernmental laws, regulations or restrictions. The temporary failure to furnish any such services shall not be construed as an eviction of Tenant or relieve Tenant from the duty of observing and performing each, every, any and all of the provisions of this Lease.