Common use of LANDLORD'S SERVICES Clause in Contracts

LANDLORD'S SERVICES. In general, Landlord shall maintain, repair and replace the roof, structure and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M and, at Tenant's expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice therefor. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease.

Appears in 1 contract

Samples: Millipore Corp /Ma

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LANDLORD'S SERVICES. In generalProvided Tenant is not in default under any of the provisions of this Lease beyond applicable notice and cure periods provided herein, Landlord shall maintainfurnish to Tenant the services set forth in this Article 9 (the “Building Services”). Tenant acknowledges that Landlord is required to furnish air cooling, repair heat and replace the roofventilation services (collectively, structure and building systems“HVAC Services”) during Building Hours; provided, in good order and repair so as however, Landlord shall only be obligated to maintain and keep the provide HVAC Services during Building and maintain the parking areas and other improvements Hours on a Saturday if Tenant requests such HVAC Services by notice prior to 12:00 PM on the Lot as a first class office building. The level of repairon the last Business Day preceding such Saturday, upkeep, and performance of Landlord's services required hereunder it being understood that there shall be no less than that required Extra Hours Charge for HVAC Services provided on a Saturday during Building Hours. If Tenant desires HVAC Services outside Building Hours (such period referred to at all times maintain the Building and the Lot in herein as “Extra Hours”), Landlord will provide HVAC Services to Tenant during such Extra Hours provided that: (i) Tenant pays to Landlord a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M and, at Tenant's expense, at such other times as requested in advance by Tenantspecial charge (“Extra Hours Charge”), and the cleaning services attached as Exhibit D. (ii) Tenant’s request for Extra Hours HVAC Services is received by Landlord agrees prior to cause the parking areas, driveways, and walkways 12:00 PM on the Lot day for which such Extra Hours HVAC Services are requested, unless such day is a Saturday, Sunday or Building Holiday, in which case such request must be received prior to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping 12:00 PM on the Lot to last Business Day preceding such Saturday, Sunday or Building Holiday. The Extra Hours Charge will be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant standard hourly rate determined by Landlord from time to time. Without limiting Landlord’s right to increase its charge for Extra Hours HVAC Services, Landlord shall use reasonable efforts the initial Extra Hours Charge will be $75.00 per hour per zone and is subject to provide other services at hours other than the times set forth above and a minimum two (2) hour billing period. Tenant shall reimburse pay the Extra Hours Charge to Landlord as additional rent for the cost of such services within thirty fifteen (3015) days after invoice receipt of a statement therefor. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bellerophon Therapeutics, Inc.)

LANDLORD'S SERVICES. In general, (a) Landlord shall maintaincause to be furnished to the Demised Premises in common with other Tenants from 8:00 a.m. to 6:00 p.m. Monday through Friday and from ---- ---- 8:00 a.m. to 1:00 p.m. on Saturdays excluding national or state holidays (herein ---- ---- called the "Standard Work Week"), repair and replace the roof, structure and building systems, in good order and repair so as to maintain and keep following services: maintenance of casualty insurance by Landlord on the Building in such form and maintain the parking areas and other improvements on the Lot amount as a first class office building. The level of repairis satisfactory to Landlord, upkeep, and performance of Landlord's services required hereunder shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises extent available, electricity to the extent available for normal general office use, removal of trash from site receptacles in accordance with city schedules, normal heating and common areas air conditioning for the reasonably comfortable use and occupancy of the Demised Premises (provided heating and cooling to any governmental regulation prescribing limitations thereon shall be deemed to comply with this service), Building for lavatory repair and ordinary office purposesmaintenance as set forth in Section 8 below, HVAC services Monday through Friday and Common Area Maintenance as set forth in Section 14 below. All costs resulting from 7:00 A.M. to 6:00 P.M and, at Tenant's expenseextraordinary usage of water, at such heating, air conditioning, electricity, trash removal, or other times as requested in advance services provided by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and be paid by Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice thereforof billing by Landlord. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, not install equipment with unusual demands for any of Landlord's services without first having obtained Landlord's prior written consentconsent which Landlord may withhold if Landlord reasonably determines that such equipment is not suitable for the Building or may not safely be used therein. Notwithstanding anything herein to the contrary, install or use any upon Tenant's request, Landlord shall provide after hours heating and air conditioning to the Demised Premises at a current charge of $25.00 per hour as ------ additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilitiesrent, appliances, machines or equipment, the installation, maintenance and costs thereof which charge shall be Tenant's sole obligation, provided that any such installation subject to upward adjustment from time to time as Landlord shall require the written consent of Landlord, which consent reasonably determine to cover its costs and expenses. Landlord shall not unreasonably withhold. Landlord shall in no event be liable responsible for any failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war interruption in utility or other emergency, services to the Building or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this LeaseDemised Premises.

Appears in 1 contract

Samples: Lease Agreement (Pozen Inc /Nc)

LANDLORD'S SERVICES. In generalLandlord shall, Landlord shall maintainat its expense, repair famish the Premises -------------------- with (i) electricity subject to Item 9 of this Lease; (ii) heat and replace air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required for the roofoccupation of the Premises, structure such heat and building air-conditioning to be provided by utilizing the ex1sting 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 beat and air-conditioning; (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 good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a manner that such janitor service is customarily famished in first class office buildingBuildings in the metropolitan area where the Building is located; (vii) water; and (viii) sewerage. The level of repairforegoing services are designated "Building Standard". TENANT WILL PAY $ 8.00 PER HOUR PER FLOOR (THIS PRICE IS SUBJECT TO 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. - 12:00 noon. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, upkeepmore complete or specialty services and maintenance (over Building Standard) are required, and performance of Landlord's services required hereunder then Tenant solely shall be no less than that required to at and is responsible for same and for any and all times maintain the Building expenses and the Lot in a condition consistent costs of any nature whatsoever associated with the condition same. To this end, Tenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other first class office buildings things, maintaining upgraded Tenant improvements in the north of Boston suburban office marketPremises, 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, etc. Landlord shall provide hot and cold water 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 foregoing services, or (2) failure to famish, or delay in furnishing, any such services when such failure or delay is caused by accident or any condition beyond the reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises and common areas of or to the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M and, at Tenant's expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice therefor. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war any governmental laws, regulations or other emergency, or for restrictions. The temporary failure to furnish any cause due to any act, neglect, or default such services shall not be construed as an eviction of Tenant or Tenant's servantsrelieve Tenant from the duty of observing and performing each, contractorsevery, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under all of the provisions of this Section 9.2 or any other provision of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Anything Internet Corp)

LANDLORD'S SERVICES. The Landlord shall provide all Tenant's water and sewer use and reasonable heating and air-conditioning during the normal heating and cooling season between the hours of 8:00 A.M. and 6:00 P.M., during normal business days. The normal cooling season shall be from April 15th to October 1st of any given year. Normal business days are all days except Saturday, Sunday, New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day (and the following day when any such day occurs on Sunday) and such other days as Landlord presently or in the future recognizes as holidays for Landlord's general office staff. In generaladdition, Xxxxxxxx agrees to furnish elevator service and to light passageways and stairways during business hours, and to furnish such cleaning service as is customary in similar buildings in said city or town, all subject to interruption due to any 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 said building, or to causes beyond Landlord's control. If Tenant shall require air-conditioning, heating or ventilation outside the hours and days above specified, Landlord shall maintainfurnish such service and Tenant shall pay therefor such charges as may from time to time be in effect. 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, repair supplementary systems may if and replace the roof, structure and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of needed at Landlord's services required hereunder shall option, be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M andprovided by Landlord, at Tenant's expense. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, at such other times as requested in advance by TenantIF DURING THE LEASE TERM THERE IS A LOSS OR INTERFERENCE WITH A BUILDING SYSTEM AND SUCH LOSS OR INTERFERENCE SHALL MATERIALLY INTERFERE WITH TENANT'S USE OF THE PREMISES AS CONTEMPLATED BY THIS LEASE, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areasLANDLORD SHALL PROMPTLY RESTORE SAID BUILDING SYSTEM TO ENABLE TENANT'S USE OF THE PREMISES. IN THE EVENT THE BUILDING SYSTEM IS NOT RESTORED WITHIN FIVE (5) DAYS FROM THE DATE OF SUCH LOSS OR INTERFERENCE, drivewaysA JUST PROPORTION OF THE BASE RENT AND ADDITIONAL RENT PAYABLE BY TENANT SHALL XXXXX, and walkways on the Lot to be kept clear of accumulations of dirtCOMMENCING ON THE DATE OF SUCH INTERRUPTION OR LOSS, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice therefor. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this LeaseBUT SUCH ABATEMENT OR REDUCTION SHALL END WHEN LANDLORD SHALL HAVE SUBSTANTIALLY RESTORED THE BUILDING SYSTEM.

Appears in 1 contract

Samples: Lease Agreement (Puma Technology Inc)

LANDLORD'S SERVICES. In generalLandlord shall, Landlord shall maintainat its expense, repair furnish the Premises with (i) electricity subject to Item (ii) heat and replace air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, Sundays and nationally-recognized holidays) reasonably required for the roofoccupation of the Premises, structure such heat and building air-conditioning to be provided by utilizing the 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; (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 good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a manner that such janitor service is customarily furnished in first class office buildingBuildings in the metropolitan area where the Building is located; (vii) water; and (via) sewerage. The level of repairforegoing services are designated “Building Standard”. Tenant will pay $35.00 per hour per floor (this price is subject to 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. - 12:00 noon. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, upkeepmore complete or specialty services and maintenance (over Building Standard) are required, and performance of Landlord's services required hereunder then Tenant solely shall be no less than that required to at and is responsible for same and for any and all times maintain the Building expenses and the Lot in a condition consistent costs of any nature whatsoever associated with the condition same. To this end, Tenant is and shall be solely responsible for any expenses and costs of any nature whatsoever associated with, among other first class office buildings things, maintaining upgraded Tenant improvements in the north of Boston suburban office marketPremises, replacing non-Building Standard lighting fixtures and bulbs in the Premises, servicing, operating and maintaining any separate and non-Building Standard HVAC systems and faculties serving the Premises, etc. Landlord shall provide hot and cold water 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 me 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 reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises and common areas of or to the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M and, at Tenant's expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice therefor. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war any governmental laws, regulations or other emergency, or for restrictions. The temporary failure to furnish any cause due to any act, neglect, or default such services shall not be construed as an eviction of Tenant or Tenant's servantsrelieve Tenant from the duty of observing and performing each, contractorsevery, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under all of the provisions of this Section 9.2 or any other provision of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

LANDLORD'S SERVICES. In general, Landlord shall maintainrender certain services and supplies in accordance with and as described in this Section 28, repair and replace the roof, structure and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. follows: (i) Landlord shall provide hot and cold water to cause the Premises and common areas to be cleaned at least five (5) nights weekly; (ii) Landlord shall furnish on or to each floor of the Building normal and customary water, lavatory supplies, automated elevator service, and men’s, women’s, and/or individual unisex restrooms with cold and hot water; and (iii) Landlord shall furnish electric current for lavatory Building standard tenant lighting and ordinary office purposessmall business machinery only from electric circuits designated by Landlord for Tenant’s use. Tenant’s usage of the electrical panels on any given floor shall not exceed Tenant’s pro rata share (based on rentable square footage) of the panels’ capacity. Tenant will not use any electrical equipment which in Landlord’s reasonable estimation will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant shall have access to electrical closets in the Building reasonably necessary for the operation of the Premises. All electrical engineering design or contract work shall be performed at Tenant’s expense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices from Landlord regarding the design, HVAC services installation, consumption, metering, billing, and maintenance of the electrical facilities for Tenant’s use shall be paid within thirty (30) days of Tenant’s receipt thereof; and (iii) Landlord shall furnish seasonable air conditioning and heating during normal business hours (8:00 A.M. to 6:00 P.M. Monday through Friday from 7:00 and 8:30 A.M. to 6:00 P.M anduntil 1:00 P.M. Saturday), at Tenant's expensesaid heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years’ Day, at such other times as requested in advance by TenantMemorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and the cleaning services attached as Exhibit D. Christmas Day. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to cause the parking areasprovide same, driveways, and walkways on the Lot to but at Tenant’s expense at such hourly rates as may be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant determined from time to timetime by Landlord ($50.00 per hour as of the Effective Date, Landlord shall use reasonable efforts but subject to provide other services at hours other than the times set forth above and change), which charge Tenant shall reimburse Landlord as additional rent for the cost of such services pay within thirty (30) days after invoice receipt of a xxxx therefor. If Tenant installs equipment which in Landlord’s reasonable estimation produces enough heat to effect the heating and cooling demands of the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall have no obligation to provide utilities or equipment other than the utilities install such system at Tenant’s actual and equipment within the Premises as of the Term Commencement Date of this Leasereasonable expense substantially in accordance with such design. Except as shown on Exhibit B and Exhibit CIf Tenant has requested such supplemental system, Tenant shall notbe responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, without first having obtained design, installation, metering, billing, and consumption of electricity for supplemental air conditioning and to maintain such equipment at Tenant’s expense. Furthermore, Landlord shall provide commercially reasonable routine maintenance, painting, and electrical lighting service of common areas of the Building; bulb replacement within the Premises, using Landlord's prior written consent’s standard Building lighting and replacements; and otherwise maintain the public, install or use any additional aircommon, and service areas of the Building in a manner consistent with first-conditioning or heating equipment class office buildings in the PremisesBirmingham, Alabama area. In the event that Tenant should require additional utilitiesNon-exclusive, appliances, machines or equipment, the installation, maintenance and costs thereof passenger vehicle parking shall be provided by Landlord for the use of Tenant without any charge (other than Tenant's sole obligation’s Share of Excess Expenses). Notwithstanding the foregoing, if any interruption in Landlord’s services to be provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order is interrupted due solely to the negligence or regulation of or by any governmental authority, or failure of supply, or inability by willful misconduct and such interruption rendered the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required Premises untenantable for the use permitted under this LeaseLease and such untenantability continues for more than five (5) consecutive business days, or because then Base Rental shall xxxxx proportionately to the degree of war or other emergencyuntenantability, or for from the sixth (6th) consecutive business days throughout the period of untenantability. Landlord agrees to use commercially reasonable efforts to minimize any cause due to any act, neglect, or default such interruption of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Leaseservices.

Appears in 1 contract

Samples: Office Lease Agreement (Surgical Care Affiliates, Inc.)

LANDLORD'S SERVICES. In general, (a) Landlord shall maintain, repair furnish seasonal air conditioning and replace the roof, structure and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday heating from 7:00 A.M. to 6:00 P.M andP.M. on Mondays through Fridays and from 7:00 A.M. until 1:00 P.M. on Saturdays ("Business Hours") except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building ("Business Days"). As of the date of this Lease, New Year's Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building ("Holidays"). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant's expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun's position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per two hundred (200) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant's partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord's free access to mechanical installations in the Premises or interfere with the moving of Landlord's equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. Provided that Tenant's Plans set forth in Exhibit D and Tenant's occupancy ratio do not exceed the formulas set forth in this Subparagraph (a), no Additional Rent or other expense shall be charged by Landlord for HVAC services. If Tenant installs equipment which in Landlord's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord's architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant's sole cost and expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice thereforcontractor approved by Landlord. Landlord shall have no obligation to provide utilities or equipment other than be named as an additional beneficiary under any warranty on the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-supplemental air conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withholdsystem. Landlord shall provide after hours HVAC upon request given twenty-four (24) hours in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable controladvance, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenantat Landlord's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Leasethen current charge. Landlord's current charge is $35.00 per hour.

Appears in 1 contract

Samples: Second Sublease Agreement (Internet Commerce Corp)

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LANDLORD'S SERVICES. In general, (a) Landlord shall maintain, repair furnish seasonal air conditioning and replace the roof, structure and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday heating from 7:00 A.M. to 6:00 P.M andP.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). As of the date of this Lease, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times. Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant's ’s sole cost and expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice thereforcontractor reasonably approved by Landlord. Landlord shall have no obligation to provide utilities or equipment other than be named as an additional beneficiary under any warranty on the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-supplemental air conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Leasesystem.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

LANDLORD'S SERVICES. In general, (a) Landlord shall maintain, repair furnish seasonal air conditioning and replace the roof, structure and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday heating from 7:00 A.M. to 6:00 P.M andP.M. on Mondays through Fridays and from 9:00 A.M. until 1:00 P.M. on Saturdays (“Business Hours”) except holidays observed by the City of Atlanta, State of Georgia, the federal government or labor unions servicing the Building (“Business Days”). As of the date of this Lease, New Year’s Day, Xxxxxx Xxxxxx Xxxx Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, the Friday after Thanksgiving and Christmas Day are holidays observed by the Building (“Holidays”). The Holidays are subject to change from time to time by Landlord. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same upon reasonable advance written request by Tenant, but at Tenant’s expense and at such hourly rates as may be determined from time to time by Landlord, which charge Tenant shall pay promptly upon demand by Landlord. Tenant agrees to keep and cause to be kept closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. Landlord will not be responsible for failure of the HVAC System to provide sufficient cooling if such failure results from occupancy of the Premises by more than one (1) person per one hundred fifty (150) square feet of usable area or if Tenant shall use in excess of five (5) xxxxx of electricity per usable square foot for lighting and power. If the occupancy rate is greater than as described in the previous sentence or if Tenant’s partitions are arranged in a way which interferes with the normal operation of the HVAC System, Landlord may elect to make changes to the HVAC System or the ducts, and the cost shall be reimbursed by Tenant to Landlord as Additional Rent within ten (10) days after demand. Tenant shall not construct partitions or other obstructions that may interfere with Landlord’s free access to mechanical installations in the Premises or interfere with the moving of Landlord’s equipment to and from such installations. Neither Tenant nor its agents, employees or contractors shall at any time enter such enclosures or tamper with, adjust, touch or otherwise affect the mechanical installations. If Tenant installs equipment which in Landlord’s opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord’s approval, and Landlord shall install such system substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to pay Landlord for such equipment, design, review by Landlord’s architect and engineer, installation, metering and consumption of electricity for supplemental air conditioning. Any such system shall be maintained, at Tenant's ’s sole cost and expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice thereforcontractor reasonably approved by Landlord. Landlord shall have no obligation to provide utilities or equipment other than be named as an additional beneficiary under any warranty on the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-supplemental air conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Leasesystem.

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

LANDLORD'S SERVICES. In general, Landlord shall maintainrender certain services and supplies in accordance with and as described in this Paragraph 29, repair as follows: (i) Landlord shall cause the Premises to be cleaned between the hours of 6:00 PM and replace 11:00 PM five (5) nights weekly, excluding holidays, at least in accordance with the roof, structure and building systems, in good order and repair so standards attached hereto as Exhibit "G". A day porter shall be provided to maintain and keep the Building five (5) days per week excexx xxx holidays; (ii) Landlord shall furnish electric current for Building standard tenant lighting and maintain small business machinery only from electric circuits designated by Landlord for Tenant's use. Tenant's usage of the parking areas and other improvements electrical panels on any given floor shall not exceed Tenant's pro rata share (based on rentable square footage) of the Lot as a first class office buildingpanels' capacity. The level of repair, upkeep, and performance of Tenant will not use any electrical equipment which in Landlord's services required hereunder opinion will overload the wiring installations or interfere with the reasonable use thereof by other users in the Building. Tenant shall not have access to any electrical closets in the Building; any electrical engineering design or contract work shall be no less than that required to at all times maintain the Building and the Lot in a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M and, performed at Tenant's expenseexpense by Landlord or an electrical engineer and/or electrical contractor designated by Landlord. All invoices respecting the design, at such other times as installation and maintenance of the facilities requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services be paid within thirty (30) days of Tenant's receipt thereof. Landlord's charge to Tenant for the cost of electric current so provided, which shall not exceed the rate per kilowatt hour amount charged by Alabama Power Company, shall be paid within thirty (30) days of receipt of invoice by Tenant; (iii) Landlord shall furnish seasonable air conditioning and heating pursuant to applicable ASHREA standards during normal business hours (7:00 AM to 6:00 PM Monday through Friday and 8:00 AM until 1:00 PM Saturday), said heat or air conditioning not being furnished Sunday or holidays observed by Landlord. Holidays which are observed by Landlord are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, and Christmas Day. Said air conditioning and heating shall be based on the following criteria (based on a density of one person per two hundred rentable square feet and provided Tenant's electrical use does not exceed six (6) watts per square foot of consumed load); a) inside summer temperaturx xx 72-76 degrees Fahrenheit when an outside temperature of not greater than 94 degrees Fahrenheit exists and b) inside winter temperature of 70-74 degrees Fahrenheit when an outside temperature of not less than 32 degrees Fahrenheit exists. Should Tenant desire either heating or air conditioning at other times, Landlord agrees to provide same, but at Tenant's expense. The cost of Tenant's use for HVAC service after invoice the Hours of Operation shall be charged at Landlord's actual additional utility cost for providing such service with no depreciation charge or Landlord administrative fee and shall, in no event, exceed the rate per kilowatt hour billed by Alabama Power Company, which charge Tenant shall pay promptly upon being billed therefor. If Tenant installs equipment which in Landlord's opinion produces enough heat to cause comfort problems in the Building or any part thereof, or if Tenant desires a supplemental air conditioning system and Landlord has approved same, then Landlord may, at its option, either cause to be designed or permit Tenant to design a supplemental air conditioning system, subject to Landlord's approval, and Landlord shall have no obligation install such system at Tenant's expense substantially in accordance with such design. If Tenant has requested such supplemental system, Tenant shall be responsible for determining that the design of such system is adequate for its needs. Tenant agrees to provide utilities or pay Landlord for such equipment, design, installation, metering and consumption of electricity for supplemental air conditioning and to maintain such equipment other than at Tenant's expense, (iv) Standard passenger and freight elevator service when the utilities Building is open and equipment within at least one passenger elevator when the Premises are closed. The elevator inspection certificate will be kept on file in the management office for the Building, (v) Hot and cold water to serve the Building during the hours when the Building is open as of the Term Commencement Date of required for lavatory and drinking purposes and such other uses as are permitted pursuant to this Lease. Except as shown on Exhibit B Subject to Paragraphs 30 and Exhibit C40 herein, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, there is a material interruption of a critical service (a "Critical Service") being provided that any such installation shall require the written consent of Landlord, which consent by Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable controland such Critical Service interruption is within Landlord's control to restore (Critical Service being specifically defined as electricity, including without limitation labor disputewater, breakdown, accident, order elevator service or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under heating and air conditioning as further described in this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Paragraph 29 above) and such Critical Service interruption results in Tenant's servantsinability to reasonably access and/or use the Premises for Tenant's intended business operations and such condition continues for fifteen (15) days after written notice to Landlord of the same, contractorsthen (beginning with the sixteenth day) Tenant's Base Rental shall be equitably abated for that portion of the Premises that Tenant is unable to use for Tenant's intended business operations until such Critical Service is restored to the Premises unless such Critical Service can not reasonably be restored within said fifteen (15) day period and Landlord has begun such restoration and restores said Critical Service within five (5) days after said fifteen (15) day period. Notwithstanding the above, agentsif such material interruption of said Critical Service continues for a period in excess of five (5) months after written notice to Landlord from Tenant and as a result of such interruption, employeesTenant cannot reasonably access and/or use the Premises for Tenant's intended business operations, licensees or any person claiming by, through or under Tenant, then Tenant may terminate this Lease upon 30 days written notice to Landlord and in no event this Lease shall terminate at the end of said thirty (30) day period unless Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Leasehas restored said Critical Service within said thirty (30) day period.

Appears in 1 contract

Samples: Lease Agreement (Infinity Property & Casualty Corp)

LANDLORD'S SERVICES. In generalLandlord shall, at its expense, furnish the Premises with (i) electricity subject to Item 10 of this Lease; (ii) heat and air conditioning during reasonable and usual business hours (exclusive of Saturday afternoons, Sundays and holidays) reasonably required for the occupation of the Premises, such heat and air conditioning to be provided by utilizing the existing systems in the Building, it being expressly understood and agreed by the parties that Landlord specifically shall maintainnot be liable for any losses or damages of any nature whatsoever incurred by Tenant due to any failure of the equipment to function properly, repair 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 replace air conditioning; (iii) elevator service; (iv) lighting replacement for Building Standards lights; (v) toilet room supplies; (vi) daily janitor service during the roof, structure time and building systems, in good order and repair so as to maintain and keep the Building and maintain the parking areas and other improvements on the Lot as a first class office building. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than manner that required to at all times maintain the Building and the Lot such janitor service is customarily furnished in a condition consistent with the condition of other first class office buildings in the north metropolitan area where the Building is located; (vii) water; and (viii) sewerage. The foregoing services are designated "Building Standard". Monday - Friday 6:00 a.m. - 6:00 p.m. Saturday 7:00 a.m. - 2:00 p.m. Additional hours billed at $35.00 per hour. Tenant agrees that Landlord is only responsible for Building Standard maintenance and Building Standard services. If other, more complete or special services and maintenance (over Building Standard) are required, then Tenant solely shall be and is responsible for same and for any expenses and costs of Boston suburban office marketany nature whatsoever associated with same. To this end, 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 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, etc. Landlord warrants and represents that all systems are in good working order and repair as of the commencement date hereof, to the best of Landlord's ability. Landlord shall provide hot and cold water not be liable for any damages directly or indirectly resulting from, nor shall any 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 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 reasonable control of Landlord or by the making of necessary repairs or improvements to the Premises and common areas of or to the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M and, at Tenant's expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to time, Landlord shall use reasonable efforts to provide other services at hours other than the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services within thirty (30) days after invoice therefor. Landlord shall have no obligation to provide utilities or equipment other than the utilities and equipment within the Premises as of the Term Commencement Date of this Lease. Except as shown on Exhibit B and Exhibit C, Tenant shall not, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipment, the installation, maintenance and costs thereof shall be Tenant's sole obligation, provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war any governmental laws, regulations or other emergency, or for restrictions. The temporary failure to furnish any cause due to any act, neglect, or default such services shall not be construed as an eviction of Tenant or Tenant's servants, contractors, agents, employees, licensees or relieve Tenant form the duty of observing and performing any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under all of the provisions of this Section 9.2 or any other provision of this Leaselease.

Appears in 1 contract

Samples: Lease Agreement (Brite Voice Systems Inc)

LANDLORD'S SERVICES. Landlord, at its sole cost and expense, is responsible to maintain the Building, the Shell, the Base Building Improvements, the Building Systems, the Premises, and the Common Areas. Except as otherwise specified in this Lease, all work pertaining to the Building, the Shell, the Base Building Improvements, the Building Systems, the Premises, and the Common Areas, including but not limited to repairs, maintenance, Premises and Building utilities, Common Areas utilities, Premises and Building janitorial services, Common Areas janitorial services, sewer and garbage services, insurance, real property taxes, and property management services, pertaining to the Premises, Building, and Common Areas shall be performed by Landlord or its contractors, but, as and to the extent part of the “Operating Expenses” (as defined in Section 7, below), shall be the financial responsibility of Tenant through prorated Operating Expenses as set forth in Section 7, below. In generalthe event that Landlord fails to perform any of such work within 30 days of receipt of notice by Tenant of said failure on Landlord’s part, or, if longer than 30 days is required to perform any such work, in the event Landlord-fails to commence such work within such 30 day period and thereafter fails to diligently prosecute such work to completion, then Tenant shall have the right to perform such work or service and invoice Landlord for the cost and expense of performing such work or offset any Rents then due or payable by Tenant by such invoiced amount if Landlord does not fully pay such Tenant invoices within 30 days; provided that, as and to the extent there are no Rents against which any such costs and expenses can be offset, then, in the event Landlord does not so pay such amounts to Tenant, Tenant shall be entitled to exercise any and all rights or remedies, at law or in equity, to recover any such amounts, together with interest at the rate of twelve percent (12%) from the date such amounts were invoiced until paid by Landlord, a late charge equal to five percent (5%) of the amounts invoiced, and reasonable attorneys’ fees incurred by Tenant by reason of, or in connection with, any such nonpayment by Landlord, from Landlord notwithstanding any other terms or conditions of this Lease. If utilities or HVAC are interrupted for 10% or more of the Premises for more than five (5) consecutive calendar days for any reason other than Force Majeure, or are the result of an act of Tenant, and renders the Premises unusable, Tenant shall have the right to cease payment of Rents pertaining to the affected portion of the Premises beginning on the day of interruption, prorated until such service is reinstated. If the interruption shall continue for sixty (60) days, Tenant shall have the right, in addition to any other remedies available to Tenant under this Lease, to terminate this Lease. The aforementioned is in addition to the terms and conditions of attached Exhibit C. Tenant shall notify Landlord of any such interruptions within 24 hours of the commencement of the interruption. If the notification is later than 24 hours, the timing pertaining to the interruption will be measured from the time of notification versus the start of the interruption. Further, Landlord has the responsibility to maintain and repair the Building Systems, including but not limited to the heating, air-conditioning, ventilation, plumbing, electrical, mechanical and structural systems serving the Common Areas. If, as a result of Landlord’s operation, maintenance and/or repair of the above systems that are Landlord’s responsibility, Landlord or its employees or contractors introduce any “Contaminants” (as defined below), and Tenant or any of its employees, patients, invitees, agents, representatives, or contractors experience symptoms that Tenant alleges may be related to the condition of the Building or the Building Systems, Tenant may give notice of such condition to Landlord, in writing. Such notice shall contain sufficient detailed information regarding the condition Tenant believes exists and, further, shall include detailed information regarding the symptoms. Upon receipt of such notice, Landlord shall maintain, repair and replace promptly review the roof, structure and building systems, in good order and repair so as information provided by Tenant relative to maintain and keep the possible Building and maintain the parking areas and other improvements on the Lot as a first class office buildingSystems condition. The level of repair, upkeep, and performance of Landlord's services required hereunder shall be no less than Unless Landlord disagrees that required to at all times maintain the Building and the Lot in there is such a condition consistent with the condition of other first class office buildings in the north of Boston suburban office market. Landlord shall provide hot and cold water to the Premises and common areas of the Building for lavatory and ordinary office purposes, HVAC services Monday through Friday from 7:00 A.M. to 6:00 P.M and, at Tenant's expense, at such other times as requested in advance by Tenant, and the cleaning services attached as Exhibit D. Landlord agrees to cause the parking areas, driveways, and walkways on the Lot which needs to be kept clear of accumulations of dirt, litter, rubbish, ice and snow, cause the landscaping on the Lot to be kept in a neat and attractive condition, keep the parking areas on the Lot lighted as necessary and perform its obligations with respect to maintenance and repair. Upon the request of Tenant from time to timecorrected, Landlord shall use reasonable efforts take or cause to provide other services at hours other than be taken such action as may be necessary or appropriate to correct the times set forth above and Tenant shall reimburse Landlord as additional rent for the cost of such services condition within thirty (30) days after invoice therefor. Landlord’s receipt of such notice from Tenant; provided that, if the condition cannot be corrected within such thirty (30) day period, Landlord shall have no obligation such other longer period, not to provide utilities exceed 270 days, in which to correct any such condition, so long as Landlord shall commence any necessary or equipment other than appropriate cure within said thirty (30) day period and prosecute the utilities and equipment same to completion with reasonable due diligence. If Landlord does not disagree that there is a Building Systems condition which needs to be corrected, but does not correct or commence correcting the condition within the Premises periods specified, Tenant shall have the right and option, upon ten (10) business days’ notice to Landlord, to take such reasonable action, at Landlord’s sole cost and expense, as may be necessary or appropriate to correct the condition or conditions after obtaining bids and following other procedures, with advance written notice thereof, together with supporting documentation therefor, to Landlord, reasonably designed to minimize the cost of correcting the condition. Tenant shall provide to Landlord evidence documenting the expense of correcting such condition or conditions, and Landlord shall be obligated to pay the reasonable cost of such corrective actions within ten (10) business days after Landlord’s receipt of evidence documenting the expense of corrective actions. In the event Landlord fails to reimburse the reasonable cost of corrective actions within such ten (10) business day period, Tenant shall thereafter have the right and option to offset any such amounts against Rents owing under this Lease until such time as Tenant shall have recovered any and all such amounts or, as and to the extent there are no Rents due or payable under this Lease, Landlord shall immediately pay such amounts to Tenant, then, in the event Landlord does not so pay any such amounts, Tenant shall be entitled to exercise any and all rights or remedies, at law or in equity, to recover any such amounts, together with interest at the rate of twelve percent (12%) from the date such amounts were invoiced until paid by Landlord, a late charge equal to five percent (5%) of the Term Commencement Date amounts invoiced, and reasonable attorneys’ fees incurred by Tenant by reason of, or in connection with, any such nonpayment by Landlord, from Landlord notwithstanding any other terms or conditions of this Lease. Except Nothing in this Paragraph shall obligate Tenant to take corrective action with respect to any violation that is within the responsibility of Landlord to correct. Notwithstanding any provision hereof to the contrary, all costs incurred by Landlord under this subparagraph as shown on Exhibit B or to the extent recoverable as Operating Expenses under the terms and Exhibit Cconditions of this Lease shall be included within the Operating Expenses, to be allocated and paid by Tenant and the other tenants of the Building, and shall notbe deemed to be, without first having obtained Landlord's prior written consent, install or use any additional air-conditioning or heating equipment in the Premises. In the event that Tenant should require additional utilities, appliances, machines or equipmentand included within, the installation“Operating Expense Increment” (as defined below), maintenance if any, to be paid by Tenant as of the next rental payment due date and, thereafter, shall accrue late fees and costs thereof shall be Tenant's sole obligation, interest as provided that any such installation shall require the written consent of Landlord, which consent Landlord shall not unreasonably withhold. Landlord shall elsewhere in no event be liable for failure to perform any of its obligations under this Lease when prevented from doing so by causes beyond its reasonable control, including without limitation labor dispute, breakdown, accident, order or regulation of or by any governmental authority, or failure of supply, or inability by the exercise of reasonable diligence to obtain supplies, parts, or employees necessary to furnish services required under this Lease, or because of war or other emergency, or for any cause due to any act, neglect, or default of Tenant or Tenant's servants, contractors, agents, employees, licensees or any person claiming by, through or under Tenant, and in no event shall Landlord ever be liable to Tenant for any indirect, special or consequential damages under the provisions of this Section 9.2 or any other provision of this Lease.

Appears in 1 contract

Samples: Commercial Lease (Control4 Corp)

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