Common use of on Saturday Clause in Contracts

on Saturday. Landlord shall provide five-day janitorial service. Landlord shall maintain the common stairs, corridors, entries, and restrooms in the Project in a safe, neat and clean condition. The services to be provided by Landlord shall be consistent with comparable first class office buildings located in Phoenix, Arizona. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, labor disturbances of any character, governmental order, material shortages, energy or fuel shortages, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or when Landlord acts with reasonable diligence to correct the failure to furnish such service after receiving written notice or the absence of such service. Landlord shall not be liable under any circumstances for loss of or injury to property occurring through or in connection with or incidental to Landlord's or Landlord's agents', contractors' or employees' failure to furnish any of the foregoing services. Wherever heat generating machines or equipment are used in the Premises which materially affect the temperature otherwise maintained by the air conditioning systems, Landlord reserves the right to install supplementary air conditioning units in the Premises or Building and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord as additional rent upon demand by Landlord. In the event Landlord should neglect or fall to furnish any of the utilities or services required to be furnished by Landlord in this Lease and such failure should continue for two (2) business days after receipt of written notice of such failure from Tenant, Tenant shall be entitled to an abatement of all of the rent payable hereunder with respect to that portion of the Premises so affected by such failure for the period beginning on the day that such portion of the Premises is unusable and continuing until the use of such portion of the Premises is restored to Tenant. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, machines using current in excess of 110 volts, e.g., electronic data processing machines and punch card machines, mainframe computers or mini-computers, which will in any way increase the amount of electricity or water usually furnished or supplied for use in the Premises as general office space; nor shall Tenant connect with electric current, except through existing electrical outlets in the Premises, any apparatus, water pipe or other device for the purposes of using electric current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space and shall have obtained the consent of Landlord for such excess use, Landlord may cause a water meter or electric current meter to be installed in the Premises to measure the amount of such excess water or electric current consumed. The cost of any such meters and of installation, maintenance and repair thereof shall be paid by Tenant, and Tenant agrees to pay to Landlord as additional rent promptly upon demand therefor the cost of all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the some, plus any additional bookkeeping expense in connection therewith. Tenant and its employees shall have access to the Premises, subject to established security procedures, on a twenty-four (24) hour per day, fifty-two (52) weeks per year basis.

on Saturday. Landlord shall provide five-day janitorial service. Landlord shall maintain the common stairs, corridors, entries, and restrooms in the Project in a safe, neat and clean condition. The Operating services provided to be provided by Landlord shall be consistent with comparable first class office buildings located in Phoenix, Arizona. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rent by reason of after building operating hours are subject to Landlord's failure rights to furnish any of the foregoing when such failure is caused by accidentscharge Tenant for additional operating services contained in this Paragraph. accident, breakage, repairs, strikes, lockouts or other labor disturbances or disputes of any character, governmental order, material shortages, energy or fuel shortages, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or when Landlord acts with reasonable diligence to correct the failure to furnish such service after receiving written notice or the absence of such service. Landlord shall not be liable under any circumstances for any loss of or injury to property occurring property, however occurring, through or in connection with or incidental to Landlord's or Landlord's agents', contractors' or employees' failure to furnish any of the foregoing servicesforegoing. Wherever heat generating machines or equipment are used in the Premises which materially affect the temperature otherwise maintained by the air conditioning systemssystem, or if it is desired by Tenant to have additional air conditioning installed, Landlord reserves the right to install supplementary air conditioning units in the Premises or Building and the cost thereof, including the cost of installation installation,* and the cost of operation and maintenance thereof, shall be paid by Tenant to and Landlord as additional rent upon demand by Landlord. In the event Landlord should neglect or fall to furnish any of the utilities or services required to be furnished by Landlord in this Lease and such failure should continue for two (2) business days after receipt of written notice of such failure from Tenant, Tenant shall be entitled to an abatement of all of the rent payable hereunder with respect to that portion of the Premises so affected by such failure for the period beginning on the day that such portion of the Premises is unusable and continuing until the use of such portion of the Premises is restored to Tenant. Tenant will not, without the prior written consent of by Landlord, use any apparatus or device in the Premises, including, without including by way of illustration and not limitation, machines using current in excess of 110 volts, e.g., electronic data processing machines and machines, punch card machines, mainframe computers or mini-computersand machines using in excess of 120 volts, which will in any way increase the amount of electricity or water used above that usually furnished or supplied for the use in of the Premises as general office space; nor shall Tenant connect any apparatus or device with electric current, current lines except through existing electrical outlets in the Premises, any apparatus, water pipe or other device for the purposes of using electric current or water. If Tenant shall require desires to use water or electric current in excess of that usually furnished or supplied for the use of the Premises as general office space and space, Tenant shall have obtained request the consent of same from landlord in writing. Landlord for may refuse such excess userequest, but such refusal shall not be unreasonable. If such request is granted, Landlord may shall cause a water meter or electric electrical current meter to be installed in the Premises to measure the amount of such excess water or electric current consumed. The Tenant agrees to pay promptly upon demand therefor from Landlord, the cost of any such meters and of the installation, maintenance and repair thereof shall be paid by Tenantthereof, and Tenant agrees to pay to Landlord as additional rent promptly upon demand therefor the cost charges of all such water and electric current consumed as shown by said metersmeters in excess of the amount consumed in connection with the use of the Premises as general office space, at the rates charged for such services by the local public utility furnishing the somesame, plus any additional bookkeeping expense expenses incurred in connection therewithkeeping account of the water and electric current so consumed. If a separate meter is not installed, the Tenant agrees to pay the cost for such excess water and its employees shall have access to electric current as established by an estimate of the Premises, subject to established security procedures, on amount of such excess use made by a twenty-four (24) hour per day, fifty-two (52) weeks per year basisutility company or electrical engineer.

on Saturday. Air conditioning units and electricity therefor or special air conditioning requirements, such as for any computer centers, and after-hours heating and air conditioning shall be at Tenant’s expense at an hourly rate established by the Landlord in its reasonable discretion from time to time consistent with market rates charged by owners of other Class A office buildings in the vicinity of the Project for such after-hours usage. After hours heating and air conditioning as so charged by Landlord to Tenant shall provide five-day janitorial servicebe payable by the Tenant as Additional Rent concurrently with the payment of Basic Rent hereunder. Tenant shall be solely responsible for the repair and maintenance of any separate heating, ventilating, air conditioning or other equipment installed in the Premises by the Tenant (with the Landlord’s consent) or by the Landlord as part of the Tenant Improvements. Landlord shall maintain the common stairsalso provide lighting replacement for Landlord-furnished lighting, corridorstoilet room supplies, entries, and restrooms in the Project in a safe, neat and clean condition. The services to be provided by Landlord shall be consistent with comparable first class office buildings located in Phoenix, Arizona. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, labor disturbances of any character, governmental order, material shortages, energy or fuel shortages, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or when Landlord acts window washing with reasonable diligence to correct the failure to furnish such service after receiving written notice or the absence of such frequency and customary janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption or failure of said services due to any cause whatsoever; and no temporary interruption or failure of such services incident to the making of repairs, Alterations or improvements due to accident or strike or conditions or events not under Landlord’s control shall be deemed an eviction of Tenant or relieve Tenant from any circumstances for loss of Tenant’s obligations hereunder. However, notwithstanding anything to the contrary contained in this Lease, during the Term of the Lease, if Tenant is actually prevented from using all or injury a material portion of the Premises as a result of (i) an interruption in essential utility services to property occurring through the Premises, (ii) Landlord’s actions in entering upon the Premises (other than in exercising any remedy or in connection with or incidental to Landlord's or Landlord's agents', contractors' or employees' curing any Tenant failure to furnish any of the foregoing services. Wherever heat generating machines perform in accordance with this Lease), or equipment are used in the Premises which materially affect the temperature otherwise maintained by the air conditioning systems, Landlord reserves the right (iii) Landlord’s failure to install supplementary air conditioning units in the Premises or Building and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord as additional rent upon demand by Landlord. In the event Landlord should neglect or fall to furnish any of the utilities or services perform repair work required to be furnished performed by Landlord in under this Lease within the time for performance required under this Lease, and such failure should continue for two which prevention from use is not cured by Landlord within three (23) consecutive business days after following Landlord’s receipt of written notice of such failure thereof from Tenant stating Tenant’s intent to receive an abatement, Tenant shall be entitled to an abatement of all then Basic Rent and Tenant’s Proportionate Share of the rent Operating Expense Increase payable hereunder with respect to that under this Lease shall thereafter be equitably abated based upon the portion of the Premises which Tenant is so affected by such failure for prevented from using, until and to the period beginning on the day extent that Tenant is no longer so prevented from using such portion of the Premises is unusable as a result of the applicable item described in clause (i), (ii) or (iii) above. Notwithstanding the foregoing, the provisions of Section 16 above and continuing until not the use provisions of such portion the immediately preceding sentence shall govern in the event of casualty damage to the Premises or Project, and the provisions of Section 17 above and not the provisions of the immediately preceding sentence shall govern in the event of condemnation of all or a part of the Premises is restored to Tenant. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, machines using current in excess of 110 volts, e.g., electronic data processing machines and punch card machines, mainframe computers or mini-computers, which will in any way increase the amount of electricity or water usually furnished or supplied for use in the Premises as general office space; nor shall Tenant connect with electric current, except through existing electrical outlets in the Premises, any apparatus, water pipe or other device for the purposes of using electric current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space and shall have obtained the consent of Landlord for such excess use, Landlord may cause a water meter or electric current meter to be installed in the Premises to measure the amount of such excess water or electric current consumed. The cost of any such meters and of installation, maintenance and repair thereof shall be paid by Tenant, and Tenant agrees to pay to Landlord as additional rent promptly upon demand therefor the cost of all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the some, plus any additional bookkeeping expense in connection therewith. Tenant and its employees shall have access to the Premises, subject to established security procedures, on a twenty-four (24) hour per day, fifty-two (52) weeks per year basisProject.

on Saturday. Air conditioning units and electricity therefor or special air conditioning requirements, such as for any computer centers, and after-hours heating and air conditioning shall be at Tenant’s expense at an hourly rate established by the Landlord in its reasonable discretion from time to time. After hours heating and air conditioning shall provide five-day janitorial servicebe charged by the Landlord to the Tenant at the rate of $36.00/ hour and shall be payable by the Tenant as Additional Rent concurrently with the payment of Basic Rent hereunder. Tenant shall be solely responsible for the repair and maintenance of any separate heating, ventilating, air conditioning or other equipment installed in the Premises by the Tenant (with the Landlord’s consent) or by the Landlord as part of the Tenant Improvements. Landlord shall maintain the common stairsalso provide lighting replacement for Landlord-furnished lighting, corridorstoilet room supplies, entries, and restrooms in the Project in a safe, neat and clean condition. The services to be provided by Landlord shall be consistent with comparable first class office buildings located in Phoenix, Arizona. Landlord shall not be liable for, and Tenant shall not be entitled to, any abatement or reduction of rent by reason of Landlord's failure to furnish any of the foregoing when such failure is caused by accidents, breakage, repairs, strikes, labor disturbances of any character, governmental order, material shortages, energy or fuel shortages, or by any other cause, similar or dissimilar, beyond the reasonable control of Landlord, or when Landlord acts window washing with reasonable diligence to correct the failure to furnish such service after receiving written notice or the absence of such frequency and customary janitorial service. Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption or failure of said services due to any cause whatsoever except to the extent caused by the gross negligence or willful misconduct of Landlord, its contractors acting within the scope of their contractual obligations with Landlord, and its employees acting within the scope of their employment; and no temporary interruption or failure of such services incident to the making of repairs, Alterations or improvements due to accident or strike or conditions or events not under Landlord’s control shall be deemed an eviction of Tenant or relieve Tenant from any circumstances of Tenant’s obligations hereunder. Notwithstanding the foregoing, in the event of a failure or interruption of services for loss a period of time longer than fourteen (14) consecutive calendar days which is not caused by any act or injury to property occurring through or in connection with or incidental to Landlord's or Landlord's agents', contractors' or employees' failure to furnish omission of any of the foregoing services. Wherever heat generating machines or equipment are used in the Premises which materially affect the temperature otherwise maintained by the air conditioning systems, Landlord reserves the right to install supplementary air conditioning units in the Premises or Building and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord as additional rent upon demand by Landlord. In the event Landlord should neglect or fall to furnish any of the utilities or services required to be furnished by Landlord in this Lease and such failure should continue for two (2) business days after receipt of written notice of such failure from TenantParties, Tenant shall be entitled to an abatement of all of the rent payable hereunder with respect Basic Rent proportionate to that portion of the Premises so affected rendered unusable by such failure interruption of services for the period beginning on the day of time beyond fourteen (14) consecutive calendar days that such portion of the Premises is unusable services remain suspended, so long as Tenant actually vacates and continuing until the use of ceases to occupy such portion of the Premises is restored to Tenant. Tenant will not, without the prior written consent of Landlord, use any apparatus or device in the Premises, including, without limitation, machines using current in excess of 110 volts, e.g., electronic data processing machines and punch card machines, mainframe computers or mini-computers, which will in any way increase the amount of electricity or water usually furnished or supplied for use in the Premises area as general office space; nor shall Tenant connect with electric current, except through existing electrical outlets in the Premises, any apparatus, water pipe or other device for the purposes of using electric current or water. If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space and shall have obtained the consent of Landlord for such excess use, Landlord may cause a water meter or electric current meter to be installed in the Premises to measure the amount of such excess water or electric current consumed. The cost of any such meters and of installation, maintenance and repair thereof shall be paid by Tenant, and Tenant agrees to pay to Landlord as additional rent promptly upon demand therefor the cost of all such water and electric current consumed as shown by said meters, at the rates charged for such services by the local public utility furnishing the some, plus any additional bookkeeping expense in connection therewith. Tenant and its employees shall have access to the Premises, subject to established security procedures, on a twenty-four (24) hour per day, fifty-two (52) weeks per year basisrendered unusable.