Services and Utilities. 14.1 Landlord shall manage and operate (or cause to be managed and operated) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out. 14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord. 14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith. 14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct. 14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Term.
Appears in 2 contracts
Sources: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)
Services and Utilities. 14.1 15.1 Landlord shall manage provide the following services and operate (or cause to be managed and operated) the Building utilities in a manner consistent with the standards for quality followed in comparable class office buildings facilities in the Back Bay submarket jurisdiction in which the Building is located:
(i) Electrical service to operate the common areas of Boston the Building, and electrical capacity to a point of connection at the Building for Tenant. It is understood and agreed that the cost of separately metering any electrical or other utility service, if any, shall be borne by Tenant, and it is also understood and agreed that to Tenant shall be responsible for paying all costs associated with all utility services to the Premises.
(ii) Heat and air-conditioning for the “Comparable Standard”). From common areas of the Building during normal hours of operation of the Building as set forth in Section 15.3 below.
(iii) Cold water for drinking, lavatory and after toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Lease Commencement DateBuilding, and supplies for such lavatory and toilet purposes.
(iv) Operatorless passenger elevator service 24 hours per days, 365 days per year, and freight elevator service (subject to scheduling by Landlord) in common with Landlord will provide and other tenants and their contractors, agents and visitors; provided, however, that Landlord shall have the right to remove elevators from service as they are required for moving freight or for servicing and/or maintaining the elevators and/or the Building.
(v) Access to the Premises and the services Building 24 hours per day, 365 days a year, subject to reasonable security regulations (such as providing identification to Building security personnel) imposed by Landlord during non-business hours.
(vi) Replacement of all Building standard lighting tubes and utilities bulbs, if any, located in accordance with applicable Law common areas.
15.2 Landlord agrees to operate and maintain the Building in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and quality followed by other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business comparable facilities in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to provide building security personnel, equipment, procedures and systems in the Building twenty four (24) hours per day each day similar to other such comparable facilities. Landlord reserves the right to interrupt, curtail or suspend the services required to be furnished by Landlord under this Article 15 when the necessity therefor arises by reason of accident, emergency, mechanical breakdown, or when required by any Law, or for any other cause beyond the year (except in the event reasonable control of an emergency)Landlord. Landlord shall provide a card key (or similar type of) access system use reasonable efforts to provide access to the Building at times other than Building Hours. A reasonable number of access cards complete all repairs or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except work so that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants inconvenience resulting therefrom may be for as short a period of time as circumstances will permit.
15.3 Landlord will furnish all services and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than utilities required by this Lease only during the normal hours of operation of the Building shallBuilding, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall installunless otherwise specified herein, in connection a manner consistent with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay industry standards for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage comparable buildings in the Premisesjurisdiction in which the Building is located. Excess usage shall mean the excess The normal hours of operation of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire BuildingBuilding are from 7:00 am to 7:00 pm., as reasonably calculated by Landlord in good faith.
14.4 Monday through Friday. It is understood and agreed that Landlord shall not have any liability be liable for failure to Tenantfurnish, and Tenant shall not be entitled to terminate this Lease or receive a rent abatementfor delay, suspension or reduction in the event of Landlord’s failure or inability to furnish furnishing, any of the utilities utilities, services or services other manner of thing required to be furnished by Landlord hereunder, if such failure to furnish or delay, suspension or reduction in furnishing same is caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, Landlord’s compliance with governmental regulation or legislation or judicial or administrative orders or from any other cause whatsoever; provided, however, that Landlord shall, in the event of a breakdown, use reasonable diligence to repair all equipment owned by Landlord and all building standard equipment furnished by Landlord which is required to provide such utilities and services.
15.4 Landlord agrees to provide and maintain an electronically controlled access system for the common areas of the Building during the Lease Term (a) if Landlord “Electronic Access System”); provided, however, that no representation or warranty with respect to the adequacy, completeness or integrity of the Electronic Access System is not proceeding diligently and in good faith to correct such failure or inabilitymade by Landlord, and if all except for losses attributable to Landlord’s gross negligence the risk that any such system or substantially all of the Premises entrance may not be effective, or may malfunction, or be circumvented by a criminal, is rendered unusable assumed by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes property and energy use in the Premises andinterest, in connection therewith. Landlord and Tenant shall cooperate with each obtain insurance coverage to the extent Tenant desires protection against such criminal acts and other losses. Landlord reserves the right to modify, supplement or revise the access system at any time in satisfying their respective obligations under its sole judgment. Said access system is not intended to serve as security for the Energy Reporting Ordinance and Premises or otherwise for individual tenant-occupied spaces or suites.
15.5 Tenant shall have the right to provide and maintain a security system within the Premises in accordance with plans and specifications approved by the Landlord in accordance with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during Tenant Work approval process or, in the Term and event that such obligation shall survive the expiration or earlier termination system is installed after completion of the Term Tenant Work, in accordance with the approval of this Lease with respect to the last Lease Year of the TermAlterations under Article 9 above.
Appears in 2 contracts
Sources: Lease Agreement (Pc Connection Inc), Lease Agreement (LifeWatch Corp.)
Services and Utilities. 14.1 (a) The Landlord shall manage hereby covenants an. agrees to maintain in good condition and operate (or cause to be managed and operated) repair the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Datefoundation, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth belowroof, orelevators, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation masonry walls of the Building shall, at Landlord’s discretion, be required to sign and all common areas in the Building and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement DateDeveloped Parcel, Tenant shall pay for such consumption at as well as sewer, water and other pipes and conduits located beyond the then-current rates charged boundaries of the Leased Premises; and to make all repairs becoming necessary by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost reason of any excess water, sewer and chiller usage structural defects in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) Landlord shall not be required to make any repairs necessitated by reason of any act or omission of Tenant, its officers, agents, employees, visitors, or anyone claiming under Tenant, or caused by any alteration, addition, or improvement made by Tenant or anyone claiming under Tenant, and that if Landlord is not proceeding diligently does make any such repairs Tenant shall promptly, upon demand, reimburse to Landlord the cost thereof.
(b) The Landlord shall maintain, operate and repair heating, ventilation, air conditioning, plumbing and sprinkler systems (hereinafter known as the "Systems") and shall provide:
(i) Heating, ventilating and air conditioning in good faith to correct such failure or inability, and if all or substantially all of the Leased Premises is rendered unusable by Tenant at the temperature required in Landlord's judgment for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or comfortable occupancy of the Leased Premises during normal business hours (that is, daytime hours of 8:00 a.m. through 6:00 p.m. weekdays and 8:00 a.m. to 1:00 p.m. on Saturdays, excluding Sunday and Holidays). Because of System requirements, if Tenant shall require air conditioning or the date use of the Premises is restored to Tenant; and (b) heating service at any other time, Landlord shall use furnish such "after hours" air conditioning or heating service upon reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 advance notice from Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate pay Landlord's actual cost. A minimum charge for two (2) hours of "after hours" service will be made for any such service. After hours HVAC rate is $25.00/hour. Use of the leased Premises (or any part thereof) in a manner exceeding the designed conditions therefor for air conditioning services, or rearrangement of partitioning which interferes with each other normal operation of the Systems, or use of computer or data processing machines may require changes in satisfying their respective obligations under the Energy Reporting Ordinance System service for the Leased Premises. Such changes so occasioned for the leased Premises shall be made by Tenant at its expense but subject to Landlord's approval.
(ii) Cold water for drinks, lavatory and Tenant toilet purposes and hot water for lavatory purposes.
(c) The Landlord shall provide Landlord with copies of Tenant’s utility bills electricity consumed in the Leased Premises for normal lighting, air conditioning and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination operation of the Term Tenant's normal office equipment only. However, Landlord shall not be liable in any way to Tenant for any failure or default in supply or character of this Lease with respect electric current furnished to the last Lease Year Leased Premises. Landlord shall supply the Leased Premises with required lamps, bulbs, ballast, starters, and replacements thereof in the ordinary course of business, with Tenant's cooperation, through proper communication of need for said replacement items. Tenant's use of electric current in the Leased Premises shall not at any time exceed the capability of the Term.electrical conductors and equipment in or otherwise servicing the
Appears in 1 contract
Services and Utilities. 14.1 Landlord shall manage agrees to furnish to the Premises at all times during the Term and operate (or cause to be managed and operated) the Building in a manner consistent with comparable a similar class office buildings building as the Buildings in the Back Bay submarket of Boston (Bedford, Massachusetts market area, the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the following services and utilities subject to the rules and regulations of the Buildings prescribed from time to time: (a) hot and cold water suitable for normal office use of the Premises; (b) heat and air conditioning required in accordance Landlord’s judgment for the use and occupation of the Premises during Building Business Hours with applicable Law Landlord being obligated to maintain the Premises at reasonably comfortable temperatures during Building Business Hours; (c) nightly cleaning and janitorial service in accordance with the standards set forth below, orcleaning specifications attached hereto as Exhibit G; (d) elevator service by nonattended automatic elevators, if no standards are specified belowapplicable; and (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Landlord agrees to furnish cleaning and janitorial services after Building Business Hours on generally recognized business days (but exclusive of Saturdays, Sundays and national and local legal holidays). Landlord shall be responsible for snow removal in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service properties of a similar caliber to the office portions of Park in the Bedford, Massachusetts area. Landlord will include electricity costs to operate the HVAC system serving the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum)Expenses. To the extent that Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided is not billed directly by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed)a public utility, Tenant shall enter into and maintain pay, within twenty (and provide Landlord 20) days of Landlord’s demand (with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access appropriate backup as to the Building twenty four (24) hours per day each day of the year (except in the event of an emergencybilling information). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant , for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual all electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises as measured by a meter or submeter (per square foot as applicable), including, all electricity for lights and plugs and supplemental HVAC. Except as otherwise set forth below in Section 13.1.1, the charge shall be at the rates charged for such services by the local public utility. Notwithstanding the terms and provisions of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period this Article 13, if, for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of more than five (5) consecutive business days after Tenant gives Landlord following written notice from Tenant to Landlord, Landlord shall fail to commence and diligently pursue to completion the restoration of any utility or other service required to be provided by Landlord under this Lease following the interruption, curtailment or suspension of such utility or other service, and the restoration of any such utility or other service is within Landlord’s reasonable control and not caused by Tenant’s negligence or willful misconduct (subject in all cases to delays caused by Force Majeure Events), and as a result of such failure (i) Tenant shall not be reasonably able to use and occupy, or to have access to, the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises or the 28 ▇▇▇▇▇▇ Premises (as applicable) or a material portion thereof, as the case may be, for the normal conduct of Tenant’s business operations without extraordinary and if unreasonable measures being required to be taken by Tenant in order to do so, and (ii) Tenant does not in fact use or occupy the Premises same during such said period, thenthen the obligation of Tenant to pay Annual Rent and additional rent hereunder shall be abated in proportion to the portion of the 20 ▇▇▇▇▇▇ Premises, so long the 22 ▇▇▇▇▇▇ Premises or the 28 ▇▇▇▇▇▇ Premises (as no Event applicable) that Tenant is unable to use as a result of Default exists under this Leasesuch failure from the date such use and occupancy is impaired until the date immediately following the day on which such interruption, curtailment or suspension ends and such service is restored (Landlord agreeing that it shall diligently pursue the restoration of any such utility or other service until restored).
13.1.1 Notwithstanding the foregoing to the contrary, Landlord shall, at Landlord’s sole cost and expense in connection with the Work, submeter electricity for each of the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises and the 28 ▇▇▇▇▇▇ Premises and, as payment for such electricity, Tenant shall be entitled, remit to Landlord as its sole and exclusive remedy, additional rent a sum equal to an abatement $1.50 per rentable square foot of each of the Base Rent payable hereunder for 20 ▇▇▇▇▇▇ Premises, the period beginning on 22 ▇▇▇▇▇▇ Premises and the day after such five (5) business day period ends and continuing until the earlier 28 ▇▇▇▇▇▇ Premises per annum, which is Landlord’s estimate of the date Tenant resumes use or occupancy appropriate electricity charge for each of the 20 ▇▇▇▇▇▇ Premises, the 22 ▇▇▇▇▇▇ Premises or and the date use 28 ▇▇▇▇▇▇ Premises as of the Premises is restored Lease Reference Date, with such amount to be increased from time to time by notice from Landlord to Tenant based on historical usage and cost or to the extent that the market therefor increases based upon Landlord’s judgment (the “Estimated Electricity Submeter Charge”), with 1/12 of such amount being due and payable in monthly installments concurrently with Tenant; and (b) ’s payment of Monthly Installment of Rent hereunder.
13.1.2 Landlord shall use reasonable efforts to restore review the total Estimated Electricity Submeter Charge paid by Tenant during the immediately preceding Lease Year within one hundred fifty (150) days after the end of such failure or inability so long Lease Year and if the Estimated Electricity Submeter Charge that Tenant pays pursuant to Section 13.1.1 is less than the actual charges as such failure or inability is within measured by Landlord’s reasonable control submetering for such electricity for such applicable billing period, then Tenant shall pay such deficiency to correct.
14.5 Landlord as additional rent in one lump sum within thirty (30) days of receipt of Landlord’s ▇▇▇▇ therefor. If the Estimated Electricity Submeter Charge that Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pays during such applicable billing period pursuant to Section 13.1.1 is more than the Building Energy Reporting and Disclosure Ordinanceactual charges as measured by Landlord’s submetering for such electricity, as then Landlord shall credit the same may difference against the then next due payments to be amended from time made by Tenant under this Section 13.1, or, if the Lease has been terminated, refund the difference to time Tenant in cash within sixty (the “Energy Reporting Ordinance”60) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination days of the Term of this Lease with respect to the last Lease Year of the Termapplicable billing period.
Appears in 1 contract
Services and Utilities. 14.1 (a) Landlord shall manage provide the maintenance and operate repairs described in paragraph 7(a), except for damage occasioned by the act of Tenant, in which case, but in any event subject to the terms of Paragraph 11 above, such damage shall be repaired by Landlord at Tenant’s expense.
(or cause b) Subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the premises during ordinary business hours of generally recognized business days, to be managed determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and operated) legal holidays), hot and cold water and electricity suitable for the Building intended use of the Premises, heat and air conditioning required in a Landlord’s judgment for the comfortable use and occupation of the Premises, janitorial services during the times and in the manner consistent with that such services are, in landlord’s judgment, customarily furnished in comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen immediate market area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (if the Building has an elevator) which shall mean service either by non-attended automatic elevators or elevators with attendants, or both, at least one (1) elevator in operation at all timesthe option of the Landlord. Notwithstanding the above, except in the event case of an emergency); landscaping emergencies, utilities to the Building and snow removal during the seasons they are required; and exterior window cleaning serviceelevator service shall be provided every day. Notwithstanding the foregoingAt Tenant’s request, Landlord shall provide Tenant with additional or after hours heating or air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay to Landlord a reasonable charge for such extra service in accordance with services as determined by Landlord (not to exceed Landlord’s then-current schedule (currently $80.00 per hour per flooractual costs, subject which costs do not include depreciation). Tenant agrees at all times to adjustment at any time cooperate fully with Landlord and from time to time without noticeabide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, with a one (1) hour usage minimum)ventilating and air conditioning system. Wherever heat generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises, and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. To the extent Tenant provides requires water, electricity, heat, air conditioning or contracts for any other services relating to any Building Structure or System or any service or utility being provided by Landlord to in portions of the Premises directly which are not metered separately from other tenants of the supplier (which Project and in amounts in excess of amounts delivered to such other tenants of the Project as reasonably determined by Landlord, Tenant shall pay to Landlord a reasonable charge for such excess amounts as determined by Landlord. Landlord shall make available to Tenant reasonable documentation supporting its charges for such excess services.
(c) Tenant will not be permitted to do without the written consent of Landlord’s prior written consent, which consent shall not be unreasonably unreasonably, withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business use any apparatus or device in the jurisdiction Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, electronic data processing machines, punch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is located and otherwise approved by Landlorddesigned, which will in any way materially increase the amount of gas, electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes or gas outlets, any apparatus or device for the purposes of using gas, electrical current or water. If Tenant shall have access to the Building twenty four (24) hours per day each day require water or electrical current or any other resource in excess of that usually furnished or supplied for use of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement DatePremises as general office space, Tenant shall first obtain the consent of Landlord, which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. The cost of any such meters and of installation, maintenance an repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such consumption water, electric current or other resource consumed, as shown by said meters, at the then-current rates charged by the local public utility, furnishing the same, plus any additional expense incurred, in keeping account of the water, electric service provider selected and used by Landlordcurrent or other resource so consumed.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable aread) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not be in default hereunder, nor be deemed to have any liability to evicted Tenant, nor be liable for any damages directly or indirectly resulting from, nor shall the rental herein reserved be abated by reason of (i) the installation, use or interruption of use of any equipment in connection with the foregoing utilities and Tenant services; (ii) failure to furnish or delay in furnishing any services to be provided by Landlord when such failure or delay is caused by Force Majeure, or by the making of repairs or improvements to the Premises or to the Building (unless such failure or delay is caused by Landlord’s negligence or willful misconduct); or (iii) the limitation, curtailment, rationing or restriction on use of water, electricity, gas or any other form of energy, or any other service or utility whatsoever serving the Premises, the Building or the Project. Furthermore, Landlord shall not be entitled to terminate this Lease cooperate with the mandatory requirements of national, state or receive local governmental agencies or utilities suppliers in connection with reducing energy or other resources consumption. If the Premises become unsuitable for Tenant’s use as a rent abatement, in consequence of cessation of gas and electric utilities or other services provided to the event of Premises resulting from a casualty covered by Landlord’s failure or inability to furnish any insurance, then Tenant’s Base Rent and Additional Charges shall a▇▇▇▇ during the period of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is time in which Tenant cannot proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of occupy the Premises is rendered unusable for Tenant’s use, but only to the extent of rental abatement insurance proceeds received by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord. Landlord shall use reasonable efforts diligence to restore make such failure repairs as may be required to lines, cables, wires, pipes equipment or inability so long as machinery within the Project to provide restoration of the services. Landlord is responsible for providing under this Paragraph 12 and, where the cessation or interruption of such failure services has occurred due to circumstances or inability is within Landlord’s reasonable control conditions beyond Project boundaries, to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will cause the same to be subject to certain mandatory informational and other reporting requirements imposed restored, by the City of Boston pursuant diligent application or request to the Building Energy Reporting and Disclosure Ordinanceprovider thereof. In no event shall any mortgagee or beneficiary under any mortgage or deed of trust on all or any portion of the Project, as the same may be amended from time to time Building, or the land on which all or any portion of the Project is located (the any such mortgagee or beneficiary, a “Energy Reporting OrdinanceMortgagee”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. be or become liable for any default of Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the TermParagraph 12.
Appears in 1 contract
Sources: Sublease (DemandTec, Inc.)
Services and Utilities. 14.1 (a) Landlord will furnish air-conditioning during the seasons of the year when air-conditioning is required and heat during the seasons of the year when heat is required with a system designed to perform in accordance with those specifications set forth in Exhibit "C" attached hereto and made a part hereof. Landlord will supply reasonably adequate water, exterior window cleaning, char and janitorial and such other service (done after 5:30 PM Monday through Friday, only (except legal holidays)) and such other building services and maintenance of the Building, Building systems and Common Facilities as are required in Landlord's sole but reasonable judgment commensurate with the standards of a first-class office facility. Landlord shall manage not be obligated to provide janitorial service if Tenant refuses entry to the cleaning staff after 5:30 PM. Landlord will also provide elevator service by means of automatically-operated elevators. Landlord shall have the right to remove elevators from service if required for moving freight, or for servicing, maintaining or constructing the Building. If due to use of the Premises or rearrangement of partitioning after the initial preparation of the Premises interference with normal operation of the air-conditioning in the Premises results, necessitating changes in the air- conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant's sole cost and operate expense. Tenant agrees to lower and close window coverings when necessary because of the sun's position whenever the air-conditioning system is in operation and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the Rules and Regulations which Landlord may prescribe for the proper functioning and protection of the air-conditioning system.
(or cause to be managed and operatedb) Landlord shall furnish the Building electric energy that Tenant shall require in a manner the Premises consistent with comparable class office buildings the electrical specifications set forth in Exhibit "D" attached hereto and made a part hereof. Tenant shall pay to Landlord as Additional Rent the Back Bay submarket cost of Boston (all electric energy furnished to Tenant at the “Comparable Standard”)Premises, other than for heating and air-conditioning purposes. From Additional Rent for such electric energy shall be calculated and payable as follows: Within a reasonable time after the Lease Commencement Date, subsequent to Tenant's having taken occupancy of the Premises and having installed and commenced the use of Tenant's electrical equipment, Landlord will provide shall cause at Landlord's expense, a survey to be made by a reputable independent electrical engineer of the estimated use of electric energy (other than for heat and air- conditioning) to the Premises, and shall compute the cost thereof for the quantity so determined at prevailing retail rates charged to Landlord. The electric service charges shall equal the cost to Landlord, including rate increases as provided for in this Section, of the estimated use of electrical energy (other than for heat and air conditioning) so determined. Tenant shall have the right to review the survey prepared by Landlord's engineer and to dispute its findings, based on the findings of Tenant's engineer. Tenant shall pay Landlord the cost of such electric energy, as so calculated on a monthly basis, as Additional Rent, together with its payment of Basic Rent. Prior to such calculation such cost shall be calculated on the basis of the Electrical Service Cost Amount. Tenant's use of electric energy in the Premises shall not at any time exceed the services capacity of any of the electrical conductors and utilities equipment serving the Premises, as the same are specified in accordance with applicable Law Exhibit "D". In order to insure that such capacity is not exceeded and to avoid possible adverse effect upon the electric service to the Building, Tenant shall not, without Landlord's prior written consent in each instance, connect any additional fixtures, appliances or equipment to the electric distribution system or make any alteration or addition to the electric system of the Premises existing on (or planned by Tenant and disclosed to Landlord as of the Commencement Date. If Tenant furnishes Landlord a sufficiently detailed description of Tenant's proposed electrical equipment and the capacity thereof prior to Commencement Date and in accordance with the standards set forth belowrequirements of Exhibit "B", orcompletion of Improvements, if no standards are specified belowattached hereto (the "Work Letter"), Landlord agrees to review Tenant's proposal and not to unreasonably withhold prior approval to that proposal within a reasonable time after its submission provided that such plans do not require the provision of additional electrical capacity by the utility serving the Building. If Landlord consents, all additional risers or other equipment required shall be provided by Landlord at Tenant's sole cost and expense and paid for by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord, at Tenant's sole expense, may cause a new survey to be made of the use of electric energy (other than for heating and air-conditioning) in a manner order to calculate the potential additional electric energy to be made available to Tenant based upon the estimated additional capacity of such additional risers or other equipment. When the amount of such increase is so determined and at a level consistent with the Comparable Standard: air conditioning estimated cost thereof is calculated, the amount of monthly Additional Rent payable pursuant to this Section shall be adjusted to reflect the additional costs and heating during Building Hours shall be payable as required herein provided. If there is an increase or decrease in Landlord’s reasonable judgment; janitorial the rate schedule (including surcharges or demand adjustments) of the public utility for the supply of electrical service to the office portions Building or the imposition of any tax with respect to such service or increase in any such tax following the Commencement Date, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Tenant's surveyed usage as if a meter measuring such usage to the Premises exclusively was in place.
(c) All services and utilities provided by Landlord shall be provided during normal hours of operation of the Premises (Landlord not being required to clean any mail rooms, kitchen areas Building (except that char and janitorial services which are described above), which are 7:30 AM to 6:00 PM Monday through Friday and 8:00 AM to 12:00 noon Saturday. There are no normal hours of operation of the Building on Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Landlord will clean furnish all services and utilities required by this Lease only during the floors and counter areas normal hours of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot operation of the Premises connected loadBuilding, which connected load unless otherwise specified herein. One automatically operated elevator shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation subject to call at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (Premises on a 24) hours -hour per day each and 7-day of the year (except in the event of an emergency)per week basis. Landlord shall provide a card key (If Tenant requires airconditioning or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than heat beyond the normal hours of operation of set forth herein and provided arrangements are made with the Building shallLandlord's agent, at Landlord’s discretion, be required Landlord will furnish such air-conditioning or heat if the Tenant agrees to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the same with the next monthly installment of rent in accordance with the then-current rates charged schedule of costs and assessments therefor, which such schedules shall be published from time to time by Landlord and furnished to Tenant, the electric service provider selected and used same being determined by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water's engineer to reflect Landlord's cost, sewer and chiller usage in the Premisesnot to exceed $50.00 per hour. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability be liable for failure to Tenantfurnish, and Tenant shall not be entitled to terminate this Lease or receive a rent abatementfor delays, suspensions or reductions in the event of Landlord’s failure or inability to furnish furnishing, any of the utilities or services required to be furnished performed by Landlord hereunder; providedcaused by breakdown, howevermaintenance, that repairs, strikes, scarcity of labor or materials, acts of God, Landlord's conformance to governmental legislation, regulation, or judicial or administrative orders, or from any other cause whatsoever.
(ad) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all In the event an interruption of any of the Premises is rendered unusable services to be provided by Tenant Landlord described in this Section 6 or elsewhere in this Lease (other than interruption caused by reasons beyond Landlord's reasonable control), which interruption substantially interferes with Tenant's conduct of business at the Premises, continues for a continuous period of five more than three (53) consecutive business days after Tenant gives Landlord written notice thereofdays, all items of rent and if Tenant does not in fact use additional rent shall thereafter be abated during the Premises during continuity of such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after substantial interference until such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is services are restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correctwhere no substantial interference continues.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Term.
Appears in 1 contract
Sources: Lease Agreement (Itxc Corp)
Services and Utilities. 14.1 So long as Tenant is not in default under any of the provisions of this Lease after the expiration of any applicable notice and cure periods, Landlord shall manage provide the following facilities and operate services to Tenant without additional charge to Tenant (except as otherwise provided herein):
A. Automatically operated elevator service at all times.
B. Adequate electric current, water and condenser water to the Tenant's heat pump, Monday through Friday, from 7:00 a.m. to 6:00 p.m. and on Saturdays from 8:00 a.m. to 1:00 p.m.
C. Reasonably adequate electricity seven days a week for normal office equipment permitted under Article 14.
D. Replacement of light tubes or cause to bulbs for building standard lighting fixtures. All light tubes or bulb replacements for other than building standard lighting fixtures shall be managed furnished at Tenant's expense, but will be installed by Landlord when so requested.
E. Restroom facilities and operated) necessary lavatory supplies, including hot and cold running water, at those points of supply provided for general use of other tenants in the Building, and routine maintenance, painting, and electric lighting service for all public areas and special service areas of the Building in a the manner consistent with comparable and to the extent that is standard for first-class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From Washington, D.C. metropolitan area.
F. Normal and usual cleaning and char services after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on business hours Monday through Friday; electric power from , (including rest room cleaning and sanitizing) without additional cost to Tenant. it shall be Tenant's responsibility to maintain the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot cleanliness of the kitchen sink, counter top and cabinets and to wash Tenant's own dishes and utensils.
G. Access to the Demised Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s thena full time twenty-current schedule (currently $80.00 per four hour per floorbasis, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum)such reasonable regulations Landlord may impose for security purposes. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided Any failure by Landlord to furnish the Premises directly foregoing services as a result of governmental restrictions, energy shortages or from any cause beyond the supplier (which Tenant control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day construed as an eviction of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to nor work an abatement of rent, nor relieve Tenant from Tenant's obligations hereunder. If the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored Building equipment should cease to Tenant; and (b) function properly, Landlord shall use reasonable efforts diligence to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as repair the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Termpromptly.
Appears in 1 contract
Sources: Purchase and Assumption Agreement (Century Bancshares Inc)
Services and Utilities. 14.1 Landlord shall manage and operate furnish the following services: (or cause to be managed and operateda) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen areaseason Monday through Friday from 8:00 a.m. - 6:00 p.m., and remove trash therefrom) or private restrooms within the Premises) on Monday through FridaySaturdays from 8:00 a.m. - 1:00 p.m., Legal Holidays excluded; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and at other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating will be furnished at the then Building standard charge (payable by Tenant to Landlord on Saturdays during written demand by Landlord) and on then Building Hours standard terms relating to advance notice, minimum hours, minimum zones, and other matters; (b) janitorial and general cleaning service on Business Days; (c) passenger elevator service from the Building's lobby to the Premises; (d) common restroom facilities and necessary lavatory supplies, including cold running water; and (e) electricity for the purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities for the Premises (excluding Holidays) electricity for separately metered equipment exclusively serving the Premises, such as supplemental HVAC units, the costs for which shall be paid by Tenant to Landlord upon receipt of an invoice from Landlord). Landlord shall have the right to select the Building's electric service provider and to switch providers at no additional cost only upon any time and to increase the request normal business hours. Tenant's use of Tenant. If Tenant requires air conditioning electrical, HVAC or heat beyond other services furnished by Landlord shall not exceed, either in voltage, rated capacity, use, or overall load, that which Landlord deems to be standard for the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirementBuilding. Tenant shall pay all costs associated with any such additional utility or service usage, including the installation of separate meters. In no event shall Landlord be liable for such extra service damages resulting from the failure to furnish any service, and any interruption or failure shall in accordance with no manner entitle Tenant to any remedies including abatement of Rent. The HVAC air distribution system and control system will remain under the control of Landlord’s then-current schedule , who will regulate the systems' setting and adjustment. At Landlord's option, Landlord may secure HVAC controls (currently $80.00 per hour per floorthermostats) in lockable metal boxes to regulate the efficiency and use of the system. Tenant agrees that Landlord will have complete control over the setting and regulation of all air distribution, subject vents, vanes and dampers so as to adjustment provide comfortable working conditions. If at any time and from time to time without noticeduring the Lease Term the Project has any type of access control system for the Parking Areas or the Building, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide furnish Tenant, at Landlord's cost and expense, a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means equal to the number of access shall be provided to Tenant occupants of the Premises at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for the time such system is installed. Any replacement cards). Such access cards shall be issued purchased from Landlord by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlordthen Building standard charge.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Term.
Appears in 1 contract
Sources: Office Lease (Riot Blockchain, Inc.)
Services and Utilities. 14.1 (a) Landlord shall manage provide the maintenance and operate repairs described in paragraph 7(a), except for damage occasioned by the act of Tenant, in which case, but in any event subject to the terms of Paragraph 11 above, such damage shall be repaired by Landlord at Tenant's expense.
(or cause b) Subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord agrees to furnish to the premises during ordinary business hours of generally recognized business days, to be managed determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and operated) legal holidays), hot and cold water and electricity suitable for the Building intended use of the Premises, heat and air conditioning required in a Landlord's judgment for the comfortable use and occupation of the Premises, janitorial services during the times and in the manner consistent with that such services are, in Landlord's judgment, customarily furnished in comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen immediate market area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (if the Building has an elevator) which shall mean service either by non-attended automatic elevators or elevators with attendants, or both, at least one (1) elevator in operation at all timesthe option of the Landlord. Notwithstanding the above, except in the event case of an emergency); landscaping emergencies, utilities to the Building and snow removal during the seasons they are required; and exterior window cleaning serviceelevator service shall be provided every day. Notwithstanding the foregoingAt Tenant's request, Landlord shall provide Tenant with additional or after hours heating or air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay to Landlord a reasonable charge for such extra service services as determined by Landlord (not to exceed Landlord's actual costs, which costs do not include depreciation). Tenant 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. Wherever heat generating machines, excess lighting or equipment are used in accordance with the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises, and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides requires water, electricity, heat, air conditioning or contracts for any other services relating to any Building Structure or System or any service or utility being provided by Landlord to in portions of the Premises directly which are not metered separately from other tenants of the supplier (which Project and in amounts in excess of amounts delivered to such other tenants of the Project as reasonable determined by Landlord. Tenant shall pay to Landlord a reasonable charge for such excess amounts as determined by Landlord. Landlord shall make available to Tenant reasonable documentation supporting its charges for such excess services.
(c) Tenant will not be permitted to do without the written consent of Landlord’s prior written consent, which consent shall not be unreasonably unreasonable withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business use any apparatus or device in the jurisdiction Premises which, when used, puts an excessive load on the Building or its structure or systems, including, without limitation, electronic data processing machines, punch card machines and machines using excess lighting or voltage in excess of the amount for which the Building is located and otherwise approved by Landlorddesigned, which will in any way materially increase the amount of gas, electricity or water usually furnished or supplied for use of the Premises as general office space; nor connect with electric current, except through existing electrical outlets in the Premises, or water pipes or gas outlets, any apparatus or device for the purposes of using gas, electrical current or water. If Tenant shall have access to the Building twenty four (24) hours per day each day require water or electrical current or any other resource in excess of that usually furnished or supplied for use of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement DatePremises as general office space, Tenant shall first obtain the consent of Landlord, which Landlord may refuse, to the use thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. The cost of any such meters and of installation, maintenance and repair thereof shall be paid for by Tenant, and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such consumption water, electric current or other resource consumed, as shown by said meters, at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for local public utility, furnishing the cost same, plus any additional expense incurred in keeping account of any excess the water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faithelectric current or other resource so consumed.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Term.
Appears in 1 contract
Sources: Sublease (Cosine Communications Inc)
Services and Utilities. 14.1 Landlord 13.1 Provided Tenant shall manage not be in default under this Lease, and operate (or cause subject to be managed and operated) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket other provisions of Boston (the “Comparable Standard”). From and after the Lease Commencement Datethis Lease, Landlord will provide agrees to furnish to the Premises during Building Business Hours (specified on the Reference Pages) on generally recognized business days (but exclusive in any event of Sundays and Massachusetts holidays), the following services and utilities in accordance with applicable Law subject to the rules and in accordance with regulations of the standards set forth below, or, if no standards are specified below, in a manner Building prescribed from time to time: (a) water suitable for normal office use of the Premises; (b) heat and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to judgment for the office portions use and occupation of the Premises during Building Business Hours; (c) nightly janitorial service; (d) passenger elevator service by non-attended automatic elevators; and, (e) equipment to bring to the Premises electricity for lighting, convenience outlets and other normal office use. Tenant, at Tenant’s expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Premises. Subject to prior scheduling per Landlord’s rules and requirements, Tenant will have the right to access and use of the loading docks and freight elevators. The Premises is separately metered for electrical usage. Tenant shall obtain and pay for its electricity directly from the electric utility servicing the Building. Landlord shall maintain such metering equipment in good order, condition and repair as part of Expenses. Landlord shall not being required be liable in any way to clean Tenant for any mail rooms, kitchen areas (except that Landlord will clean failure or defect in the floors and counter areas supply or character of electrical energy furnished to the Premises by reason of any kitchen arearequirement, act or omission of the public utility serving the Building with electricity unless due to the act or omission of Landlord. Tenant’s use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and remove trash therefrom) equipment in or private restrooms within otherwise serving the Premises, which capacity is four (4) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇w▇▇▇▇ per rentable usable square foot of the Premises connected load, which connected load shall be exclusive of HVAC for Tenant receptacles and other base Building systems); standard hot equipment use and cold water in Building standard restrooms Tenant lighting. In order to insure that such capacity is not exceeded and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only to avert possible adverse effect upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hourselectrical services, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject give notice to adjustment at any time Landlord and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without obtain Landlord’s prior written consentconsent whenever Tenant shall connect to the Building electrical distribution system any major fixtures, appliances or equipment, except for standard office equipment, such as computers, copiers, printers, and server equipment. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by Landlord upon Tenant’s request, at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the Building or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building. Tenant agrees that it will not make any significant alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned or delayed, and will promptly advise Landlord of any alteration or addition to such electrical equipment and/or appliances. Electricity costs for service supplied to the Building systems and common areas are included in Expenses. In the absence of Landlord’s gross negligence or willful misconduct, Landlord shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenantliable for, and Tenant shall not be entitled to terminate this Lease to, any abatement or receive a rent abatement, in the event reduction of rental by reason of Landlord’s failure or inability to furnish any of the utilities or services required to foregoing, and provided further that Landlord shall not be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct liable when such failure is caused by accident, breakage, repairs, labor disputes of any character, energy usage restrictions or inabilityby any other cause, and if all similar or substantially all dissimilar, beyond the reasonable control of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord. Landlord shall use reasonable efforts to restore remedy any interruption in the furnishing of services and utilities.
13.2 Should Tenant require any additional work or service, as described above, including services furnished outside ordinary business hours specified above, Landlord may, on terms to be agreed, upon reasonable advance notice by Tenant, furnish such failure or inability so long additional service and Tenant agrees to pay Landlord such charges as such failure or inability is within may be agreed upon, including any tax imposed thereon, but in no event at a charge less than Landlord’s actual cost plus overhead for such additional service and, where appropriate, a reasonable control allowance for depreciation of any systems being used to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be provide such service. The current charge for after-hours HVAC service, which is subject to certain mandatory informational and other reporting requirements imposed by change at any time, is specified on the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the TermReference Pages.
Appears in 1 contract
Services and Utilities. 14.1 Landlord shall manage and operate furnish the following services: (or cause to be managed and operateda) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service season Monday through Friday from 8:00 a.m. to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area6:00 p.m., and remove trash therefrom) or private restrooms within the Premises) on Monday through FridaySaturdays from 9:00 a.m. to 1:00 p.m., Legal Holidays excluded; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and at other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating will be furnished at the then Building standard charge (payable by Tenant to Landlord on Saturdays during written demand by Landlord) and on then Building Hours standard terms relating to advance notice, minimum hours, minimum zones, and other matters; (b) janitorial and general cleaning service on Business Days; (c) passenger elevator service to all floors of the Building; (d) common restroom facilities and necessary lavatory supplies, including cold running water; and (e) electricity for the purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities for the Premises (excluding Holidays) electricity for separately metered equipment exclusively serving the Premises, such as supplemental HVAC units, the costs for which shall be paid by Tenant to Landlord upon receipt of invoice from Landlord). Landlord shall have the right to select the Building’s electric service provider and to switch providers at no additional cost only upon any time. Tenant’s use of electrical, HVAC or other services furnished by Landlord shall not exceed, either in voltage, rated capacity, use, or overall load, that which Landlord deems to be standard for the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirementBuilding. Tenant shall pay all costs associated with any such additional utility usage, including the installation of separate meters. In no event shall Landlord be liable for such extra service damages resulting from the failure to furnish any service, and any interruption or failure shall in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject no manner entitle Tenant to adjustment any remedies including abatement of Rent.. If at any time and from time to time without notice, with a one (1) hour usage minimum). To during the extent Tenant provides Lease Term the Project has any type of access control system for the Parking Areas or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed)Building, Tenant shall enter into and maintain purchase access cards for all occupants of the Premises from Landlord at the then Building standard charge. If Tenant desires any service which Landlord has not specifically agreed to provide in this Lease, such as private security systems or telecommunications services serving the Premises, Tenant shall procure such service directly from a reputable third party service provider (and provide Landlord with a copy of“Provider”) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlordfor Tenant’s own account. Tenant shall have access require each Provider to comply with the Building twenty four (24) hours per day each day Building’s rules and regulations, all laws, and Landlord’s reasonable policies and practices for the Building. Tenant acknowledges Landlord’s current policy that requires all Providers utilizing any area of the year (except in Project outside the event of an emergency). Landlord shall provide a card key (or similar type of) access system Premises to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued approved by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hoursinto a written agreement acceptable to Landlord prior to gaining access to, or making any installations in or through, such area. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement DateAccordingly, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives give Landlord written notice thereof, and if Tenant does not in fact use the Premises during sufficient for such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correctpurposes.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Term.
Appears in 1 contract
Sources: Office Lease (FlexShopper, Inc.)
Services and Utilities. 14.1 Landlord shall manage agrees to furnish services and operate (or cause to be managed and operated) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide utilities to the Premises twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (265) days per year (collectively, “Tenant’s Operating Hours”) subject to the services current Rules and Regulations of the Building or Project, a copy of which is attached hereto as Exhibit C, and provided that Tenant is not in default hereunder. Services and utilities in accordance with applicable Law shall include reasonable quantities of electricity (for the Common Area), up to 800 amps of electricity for Tenant’s lights and in accordance with the standards set forth belowplugs for normal use as general office and a 24 hour call/data center, orheating, if no standards are specified below, in a manner ventilation and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours (HVAC) as required in Landlord’s reasonable judgment; janitorial service to judgment for the office portions comfortable use and occupancy of the Premises Premises; lighting replacement for building standard lights (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean for the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systemsCommon Area); standard hot window washing and cold water janitor services in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except a manner that such services are customarily furnished to comparable office buildings in the event of an emergency); landscaping area. Landlord shall supply common area water for drinking, cleaning and snow removal during the seasons they are required; and exterior window cleaning servicerestroom purposes only. Notwithstanding the foregoingDuring Tenant’s Operating Hours, Landlord shall provide Tenant with air conditioning also maintain and heating on Saturdays during keep lighted the common stairs, common entries and restrooms in the Building Hours (excluding Holidays) at no additional cost only upon the request of Tenantand shall furnish elevator service and restroom supplies. If Tenant requires air conditioning desires HVAC or heat beyond the other customary Building services during Non-Business Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore furnish such failure or inability so long service upon reasonable notice from Tenant, and Tenant shall pay Landlord’s charges therefor on demand. Landlord may provide telecommunications lines and systems as discussed in Section 35. hereof. HVAC units serving the Premises shall be replaced in accordance with Exhibit D attached hereto. Upon and after execution of this Lease by Landlord and Tenant, Landlord and Tenant agree that they will use good-faith and commercially reasonable and diligent efforts to negotiate a mutually agreeable amended Exhibit D to be attached to this Lease, which amended Exhibit D shall (a) provide more detailed specifications and requirements for when HVAC units serving the Premises need to be replaced, and (b) be consistent with the purpose and intent of the original Exhibit D (i.e., the Exhibit D attached to Lease upon Lease execution). Tenant, at Tenant’s sole cost and expense, shall: (i) obtain and pay for all electricity used to power the lights and electrical outlets located within the Premises as measured by a separate meter to the Premises; (ii) obtain and pay for all replacement bulbs and ballasts in the Premises; and (iii) supply all paper and other products used within the Premises. Upon Tenant’s request, Landlord shall replace bulbs and ballasts in the Premises, and Tenant shall pay Landlord for the cost of such failure or inability is within light bulbs and ballasts plus Landlord’s reasonable control to correct.
14.5 Tenant acknowledges administrative and agrees that labor costs associated with light bulb and ballast replacement. If permitted by law, Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by shall have the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinanceright, as the same may be amended in Landlord’s reasonable discretion, from time to time during the Term and upon thirty (30) days prior written notice to Tenant (except that no notice is necessary in the “Energy Reporting Ordinance”event of an emergency or electricity shortage or stoppage), to contract for the provision of electricity (or any other utility) with respect with, and to switch from, any company providing such utility so long as the provision of any such services does not materially adversely affect Tenant’s space use attributes and energy use in the Premises and, in connection therewithoperations. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance Landlord and any such utility provider at all times, and, as reasonably necessary, Tenant shall provide allow such parties access to the electric (or other utility) lines, feeders, risers, wiring and other machinery located within the Premises. Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from, nor shall Rent be abated by reason of (a) the installation, use or interruption of use of any equipment in connection with copies the furnishing of any of the foregoing services, or (b) failure to furnish or delay in furnishing any such services where such failure or delay is caused by accident or any condition or event beyond the reasonable control of Landlord, or by the making of necessary repairs or improvements to the Premises, Building or Project, or (c) any change, failure, interruption, disruption or defect in the quantity or character of the electricity (or other utility) supplied to the Premises or Project, or (d) the limitation, curtailment or rationing of, or restrictions on, use of water, electricity, gas or any other form of energy serving the Premises, Building or Project. Landlord shall not be liable under any circumstances for a loss of or injury to property or business, however occurring, through, in connection with or incidental to the failure to furnish any such services. Notwithstanding anything contained herein to the contrary, if Tenant is granted the right to purchase electricity from a provider other than the company or companies used by Landlord, Tenant shall indemnify, defend, and hold harmless Landlord from and against all losses, claims, demands, expenses and judgments caused by, or directly or indirectly arising from, the acts or omissions of Tenant’s utility bills and other reasonably requested related information for electricity provider (including, but not limited to, expenses and/or fines incurred by Landlord in the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect event Tenant’s electricity provider fails to provide sufficient power to the last Lease Year Premises, as well as damages resulting from the improper or faulty installation or construction of facilities or equipment in or on the TermPremises by Tenant or Tenant’s electricity provider). If Tenant uses heat generating machines or equipment in the Premises that affects the temperature otherwise maintained by the HVAC system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation, operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand therefor.
Appears in 1 contract
Sources: Lease Agreement (Integrated Alarm Services Group Inc)
Services and Utilities. 14.1 Landlord shall manage and operate (or cause to be managed and operated) the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, 13.1 Landlord will provide furnish to the Premises during the services normal hours of operation of the Building (as set forth hereinbelow) air-conditioning and utilities in accordance with applicable Law heating during the seasons and within the temperature ranges required in accordance with the standards set forth below, or, if no standards are specified below, in a manner specifications attached hereto as Exhibit D. Landlord will provide: electricity; water; elevator service; an access-control system for the Building (excluding the Premises); and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions exterior window-cleaning service. The normal hours of operation of the Premises (Landlord not being required Building will be 7:30 a.m. to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) 7:00 p.m. on Monday through Friday; electric power from Friday (except the utility provider sufficient for customary lighting purposes holidays listed on Exhibit E attached hereto) and normal office use 8:00 a.m. to 12:00 p.m. on Saturday (but no less than five (5) ▇▇▇▇▇ per rentable square foot of except the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systemsholidays listed on Exhibit E); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air air-conditioning or heat beyond the Building Hoursnormal hours of operation, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirementsame. Tenant shall pay for such extra service in accordance with Landlord’s 's then-current schedule of costs and assessments for such extra service (currently $80.00 per hour per floorincluding additional depreciation of the base building systems in proportion to the actual number of hours beyond the normal hours of operation for which Tenant is furnished such HVAC services), subject which shall compensate Landlord for Landlord's actual costs of furnishing such extra service, without markup. Landlord agrees to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To provide an access control system for the extent Building that will afford Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord access to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty twenty-four (24) hours per day each every day of the year (except in year. At Tenant's option and expense, Landlord's system may be expanded to provide electronic suite access to the event of an emergency)Premises, and Landlord will reasonably coordinate any interaction between Tenant's suite access system and the base-building access system. Landlord shall provide a card key (or similar type of) access system not be permitted to provide access to require persons entering the Building at times other than Building Hoursto show identification to a lobby attendant without Tenant's prior written consent. A reasonable number of access cards or other means of access At least one (1) elevator serving the Premises shall be provided to Tenant in service at Lease Term commencement at no cost to Tenant (except that all times. Except as otherwise specified herein, Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants be required to furnish services and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times utilities during hours other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required unless Tenant agrees to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse compensate Landlord for the cost actual costs, without markup, of any excess water, sewer such services and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faithutilities.
14.4 13.2 It is understood and agreed that Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive whatsoever as a rent abatement, in the event result of Landlord’s failure or 's inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; providedunder the terms of this Lease, howeverwhether resulting from breakdown, that (a) if Landlord removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2, any such inability to furnish the utilities or services required hereunder shall not proceeding diligently and in good faith to correct such failure be considered an eviction, actual or inabilityconstructive, of Tenant from the Premises, and if all shall not entitle Tenant to terminate this Lease or substantially all to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, in the event that Tenant is prevented from using, and does not use, the Premises is rendered unusable by Tenant or any portion thereof for a continuous period of five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "Eligibility Period") as a result of (i) any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than repairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable, or (ii) the presence of Hazardous Materials in, on or around the Building which could, in Tenant's reasonable business judgment and taking into account any Legal Requirements with respect to Hazardous Materials, pose a health risk to occupants of the Premises (the foregoing circumstances being referred to herein as "Suspension Events"), then all base rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant gives Landlord written notice continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. However, in the event that Tenant is prevented from so conducting, and does not conduct, its business in any portion of the Premises for a period of time in excess of the Eligibility Period, and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business in fact use such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, all base rent and additional rent payable hereunder for the entire Premises during shall be abated. In the event Tenant is prevented from using, and does not use, substantially the entire Premises for a period in excess of seventy-five (75) days after an Eligibility Period because of the occurrence of a Suspension Event, then Tenant shall have the right to terminate this Lease by notice delivered to Landlord while such period, then, so long as no Suspension Event is continuing. For purposes of Default exists under this LeaseSection 13.2, Tenant shall be entitled, as deemed not to be using or conducting its sole and exclusive remedy, to an abatement business in the Premises (or a portion thereof) if at least ninety percent (90%) of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or Tenant's personnel that would otherwise be in occupancy of the Premises (or such portion thereof) are actually not present in the date use Premises (or such portion thereof) by reason of the Suspension Event.
13.3 Tenant shall have the right, at its option, to either (a) employ its own contractor or personnel to furnish char and janitorial service to the Premises, in which event Tenant (i) shall pay for such services directly to the contractor employed by Tenant for such purpose and (ii) Tenant's janitorial contractor, and the cleaning specifications incorporated into Tenant's contract with its janitorial contractor, shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed; or (b) Tenant may at any time during the Lease Term, request that Landlord arrange for janitorial service to be furnished to the Premises is restored by Landlord's janitorial contractor.
13.4 In the event Tenant determines that the services being furnished by any contractor (excluding the property management company) employed by Landlord are unsatisfactory, in Tenant's reasonable judgment, Tenant shall deliver written notice to Landlord specifying in detail the manner in which the services are deemed deficient. If the deficiencies are not, in Tenant; 's reasonable judgment, substantially corrected during the next succeeding sixty (60) days, then Tenant may deliver a further notice to Landlord advising Landlord of such fact, and, provided Landlord will not incur any liability to the contractor as a result thereof, Landlord shall terminate the contract of such deficient contractor and select a qualified replacement contractor.
13.5 Landlord agrees (a) to bid all contracts (excluding the service contract for the property management company) for the operation of the major services provided to the Building to at least three (3) service providers reasonably acceptable to Tenant and (b) to keep Tenant reasonably apprised of the bidding process by, among other things, notifying Tenant of the various bid proposals received and Landlord's final selection of a particular service provider. Landlord shall use reasonable efforts have the right to restore select such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by service provider from among the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinancethree (3) who provided bids for each particular service, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies exercise of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Termits commercially reasonable judgment.
Appears in 1 contract
Services and Utilities. 14.1 (a) The Landlord shall manage hereby covenants and operate (or cause agrees to be managed maintain in good condition and operated) repair the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Datefoundation, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth belowroof, orelevators, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation masonry walls of the Building shall, at Landlord’s discretion, be required to sign and all common areas in the Building and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement DateDeveloped Parcel, Tenant shall pay for such consumption at as well as sewer, water and other pipes and conduits located beyond the then-current rates charged boundaries of the Leased Premises; and to make all repairs becoming necessary by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost reason of any excess water, sewer and chiller usage structural defects in the Premises. Excess usage shall mean the excess of the estimated usage in the Premises (per square foot of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) Landlord shall not be required to make any repairs necessitated by reason of any act or omission of Tenant, its officers, agents, employees, visitors, or anyone claiming under Tenant, or caused by any alteration, addition, or improvement made by Tenant or anyone claiming under Tenant, and that if Landlord is not proceeding diligently does make any such repairs Tenant shall promptly, upon demand, reimburse to Landlord the cost thereof.
(b) The Landlord shall maintain, operate and repair heating, ventilation, air conditioning, plumbing and sprinkler systems (hereinafter known as the "Systems") and shall provide:
(i) Heating, ventilating and air conditioning in good faith to correct such failure or inability, and if all or substantially all of the Leased Premises is rendered unusable by Tenant at the temperature required in Landlord's judgment for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or comfortable occupancy of the Leased Premises during normal business hours (that is, daytime hours of 8:00 a.m. through 6:00 p.m. weekdays and 8:00 a.m. to 1:00 p.m. on Saturdays, excluding Sunday and Holidays). Because of System requirements, if Tenant shall require air conditioning or heating service at any other time, Landlord shall furnish such "after hours" air conditioning or heating service upon reasonable advance notice from Tenant and Tenant shall pay Landlord's actual cost. A minimum charge for two (2) hours of "after hours" service will be made for any such service. Use of the date Leased Premises (or any part thereof) in a manner exceeding the designed conditions therefor for air conditioning services, or rearrangement of partitioning which interferes with normal operation of the Systems, or use of computer or data processing machines may require changes in the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 System service for the Leased Premises. Tenant acknowledges and agrees that Landlord it shall cause a separate ventilating and Tenant will air conditioning system to be subject installed to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, serve as the same may primary system to provide ventilation, cooling and air conditioning service on those floor(s) of the Leased Premises which house Tenant's main data processing and computer systems. Such ventilation, cooling and air conditioning system shall be amended from time installed, maintained and operated at Tenant's sole expense and shall be connected to time (the “Energy Reporting Ordinance”) a separate electric meter with respect such electric consumption being invoiced and paid directly to Tenant’s space use attributes and energy use in the Premises and, in connection therewith. Landlord and Tenant shall cooperate with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Term.
Appears in 1 contract
Services and Utilities. 14.1 Landlord shall manage and operate (or cause to be managed and operated) provide the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein or in any separate rider hereto):
(A) Electricity as is customarily required for the use of standard and customary office lighting, electrical outlets, equipment and accessories consistent with the level of service of other first-class office building properties of the same age and in the geographic vicinity of the Building.
(B) Heat and air-conditioning to provide a temperature required, in Landlord's reasonable opinion and in accordance with applicable Law and in accordance with the standards set forth belowLaw, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions for occupancy of the Premises under normal business operations, from 7:00 a.m. until 6:00 p.m. Monday through Friday and 8:00 a.m. until 2:00 p.m. on Saturday, except on Holidays (as defined in Article 24). Landlord shall not being required be responsible for inadequate air-conditioning or ventilation to clean the extent the same occurs because Tenant uses any mail roomsitem of equipment consuming in excess of the rated capacity of the existing electrical circuits serving the Premises without providing adequate air-conditioning and ventilation therefor.
(C) Water for drinking, kitchen areas (except that Landlord will clean lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the floors and counter areas of Building, and, subject to Landlord's approval, water at Tenant's expense for any kitchen area, and remove trash therefrom) or private restrooms within and office kitchen requested by Tenant.
(D) Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises.
(E) Operatorless passenger elevator service (if the Building has such equipment serving the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; freight elevator service (if the Building has such equipment serving the Premises and subject to scheduling and reasonable charges by Landlord) in common with at least one Landlord and other tenants and their contractors, agents and visitors.
(1F) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall seek to provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s then-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and utilities or services as Tenant may from time to time request, if the same are reasonable and feasible for Landlord to provide and do not involve modifications or additions to the Building or Complex or to existing Systems and Equipment (as defined in Article 24), and if Landlord shall receive Tenant's request within a reasonable period prior to the time such extra utilities or services are required. Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to three (3) for each floor on which the Premises are located) and procedures for written requests. Tenant shall, for such extra utilities or services, pay such charges as Landlord shall from time to time reasonably establish. All charges for such extra utilities or services shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. If Tenant shall fail to make any such payment, Landlord may, without noticenotice to Tenant and in addition to all other remedies available to Landlord, with discontinue any additional services. No discontinuance of any such service shall result in any liability of Landlord to Tenant or be considered as an eviction or a one (1) hour usage minimum)disturbance of Tenant's use of the Premises. To the extent Tenant provides Landlord may install and operate meters or contracts any other reasonable system for monitoring or estimating any services relating or utilities used by Tenant in excess of those required to any Building Structure or System or any service or utility being be provided by Landlord under this Article (including a system for Landlord's engineer to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergencyreasonably estimate any such excess usage). Landlord shall provide a card key (If such system indicates such excess services or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Dateutilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary air-conditioning, ventilation, heat, electrical or other systems or equipment (or adjustments or modifications to the existing Systems and Equipment), and Landlord's reasonable charges for such consumption at the then-current rates charged by the electric service provider selected and amount of excess services or utilities used by Landlord.
14.3 Tenant shall reimburse Tenant. Landlord may impose a reasonable charge for the cost of any excess utilities and services, including, without limitation, air conditioning, electricity, and water, sewer and chiller usage in the Premises. Excess usage shall mean the excess provided by Landlord by reason of: (i) any use of the estimated usage in Premises at any time other than the Premises hours set forth above; (per square foot of rentable areaii) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required beyond what Landlord agrees herein to furnish; or (iii) special electrical, cooling and ventilating needs created by Tenant's telephone equipment, computer, electronic data processing equipment, copying equipment and other such equipment or uses. Landlord, at its option, may require installation of metering devices at Tenant's expense for the purpose of metering Tenant's utility consumption. Landlord does not warrant that any services or utilities will be furnished free from shortages, failures, variations, or interruptions caused by Landlord hereunder; providedrepairs, howevermaintenance, that (a) if Landlord is not proceeding diligently and in good faith replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to correct such failure obtain services, fuel, steam, water or inabilitysupplies, and if all governmental requirements or substantially all requests, or other causes beyond Landlord's reasonable control. None of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant same shall be entitled, as its sole deemed an eviction or disturbance of Tenant's use and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy possession of the Premises or the date use any part thereof, or render Landlord liable to Tenant for abatement of the Premises is restored to Rent, or relieve Tenant from performance of Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure Ordinance, as the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to Tenant’s space use attributes and energy use in the Premises and, in connection therewith's obligations under this Lease. Landlord and Tenant in no event shall cooperate with each be liable for damages by reason of loss of profits, business interruption or other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Termconsequential damages.
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Services and Utilities. 14.1 A. There currently exists within or serving the Premises separate meters to determine the amount of electricity supplied to the Premises, and Tenant shall pay to the appropriate utility company the cost of all such electricity as shown by such meters IF any such charges are not paid to the appropriate utility company when due, Landlord may (but shall not be obligated to) pay the same, and any amount so paid by Landlord shall manage thereupon become due to Landlord from Tenant, as additional rent. In addition, Tenant agrees to pay directly to Landlord, in addition to Monthly Base Rent and operate (or cause Tenant’s Percentage of Operating Expenses, any costs incurred by Landlord to maintain the HVAC system serving the Building which are solely attributable to Tenant’s after hour usage, as equitably determined by Landlord based on appropriate engineering data.
B. Provided Tenant shall not be in default hereunder, and subject to the provisions elsewhere herein contained and to the rules and regulations of the Building, Landlord shall furnish to the Premises during ordinary business hours of generally recognized business days, to be managed determined by Landlord (but exclusive, in any event, of Saturdays, Sundays and operated) legal holidays), heat and air conditioning as usually furnished or supplied for use of the Building Premises for reasonable and normal office use as of the date Tenant takes possession of the Premises (but not including above-standard or continuous cooling for excessive heat-generating machines, excess lighting or equipment), janitorial services during the times and in a the manner consistent with that such services are, in Landlord’s judgment, customarily furnished in comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the services and utilities in accordance with applicable Law and in accordance with the standards set forth below, or, if no standards are specified below, in a manner and at a level consistent with the Comparable Standard: air conditioning and heating during Building Hours as required in Landlord’s reasonable judgment; janitorial service to the office portions of the Premises (Landlord not being required to clean any mail rooms, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen immediate market area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and (if applicable) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoing, Landlord shall provide Tenant water for lavatory and drinking purposes, electricity and elevator service which shall mean service either by nonattended automatic elevators or elevators with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) attendants, or both, at no additional cost only upon the request option of Tenant. If Tenant requires air conditioning or heat beyond the Building HoursLandlord, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement. Tenant shall pay for such extra service in accordance with Landlord’s thentwenty-current schedule (currently $80.00 per hour per floor, subject to adjustment at any time and from time to time without notice, with a one (1) hour usage minimum). To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord to the Premises directly from the supplier (which Tenant shall not be permitted to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year seven (except in the event of an emergency)7) days per week. Landlord shall provide a card key (or similar type of) access system to provide Elevator service and access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access after normal business hours shall be provided by access controlled security cards. Tenant acknowledges that Tenant has inspected and accepts the water, electricity, heat and air conditioning and other utilities and services being supplied or furnished to the Premises as of the date Tenant takes possession of the Premises, as being sufficient for use of the Premises for reasonable and normal office use in their present condition, “as is,” and suitable for the Permitted Use, and for Tenant’s intended operations in the Premises. Landlord shall have no obligation to provide additional or after-hours heating or air conditioning in addition to the heating and air conditioning being provided on the date of this Lease, but if Landlord elects to provide such services at Lease Term commencement Tenant’s request, Tenant shall pay upon demand to Landlord a reasonable charge for such services as determined by Landlord. Tenant agrees to keep and cause to be kept closed all window covering when necessary because of the sun’s position, and Tenant also agrees at no cost all times to Tenant (except that cooperate fully with Landlord and to abide by all of the regulations and requirements which Landlord may charge Tenant reasonably prescribe for replacement cards)the proper functioning and protection of electrical, heating, ventilating and air conditioning systems. Such access cards Wherever heat-generating machines, excess lighting or equipment are used in the Premises which affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install supplementary air conditioning units in the Premises and the cost thereof, including the cost of installation and the cost of operation and maintenance thereof, shall be issued paid by Tenant to Landlord upon demand by Landlord.
C. Tenant shall not without written consent of Landlord use any apparatus, equipment or device in the Premises, using excess lighting or using electric current, water, or any other resource in excess of or which will in any way increase the amount of electricity, water, or any other resource being furnished or supplied for the use of the Premises for reasonable and normal office use, in each case as of the date Tenant takes possession of the Premises and as reasonably determined by Landlord, or which will require additions or alterations to or interfere with the Building power distribution systems; nor connect with electric current, except through existing electrical outlets in the Premises or water pipes, any apparatus, equipment or device for the purpose of using electrical current, water, or any other resource. If Tenant shall require water or electric current or any other resource in excess of that being furnished or supplied for the use of the Premises as of the date Tenant takes possession of the Premises as determined by Landlord, Tenant shall first procure the written consent of Landlord which Landlord may refuse, to the specific individuals that are designated by Tenantuse thereof, and Landlord may cause a special meter to be installed in the Premises so as to measure the amount of water, electric current or other resource consumed for any such other use. Tenant shall not permit anyonepay directly to Landlord upon demand as an addition to and separate from payment of Operating Expenses the cost of all such additional resources, except for energy, utility service and meters (and of installation, maintenance and repair thereof and of any additional circuits or other equipment necessary to furnish such additional resources, energy, utility or service). Landlord may add to the separate of metered charge a recovery of additional expense incurred in keeping account of the excess water, electric current or other resource so consumed Landlord agrees that Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation use of the Building shall, at Landlord’s discretion, be required Premises prior to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters the date of this Lease has not been such as to warrant the installation of a water meter to measure Tenant’s actual electricity consumption, water consumption and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess that so long as Tenant’s use of the estimated usage in the Premises (per square foot remains reasonably consistent with such prior use. Landlord will not install any water meter to measure Tenant’s water consumption unless requested to do so by Tenant. Following receipt of rentable area) during any three (3) month billing period over the average usage (per square foot of rentable area) during the same period for the entire BuildingTenant’s request to do so, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have use good faith efforts to restore any liability service specifically to Tenant, beprovided under Paragraph 15 that becomes unavailable and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, which is in the event of Landlord’s failure or inability reasonable control to furnish any of the utilities or services required to be furnished by Landlord hereunderrestore; provided, however, that except to the extent caused by of gross negligence or willful misconduct Landlord shall in no case be liable for any damages directly or indirectly resulting from nor shall the Rent or any monies owed Landlord under this Lease herein reserved be abated by reason of: (a) if Landlord is not proceeding diligently and the installation, use or interruption of use of any equipment used in good faith connection with the furnishing of any such utilities or services, or any change in the character or means of supplying or providing any such utilities or services or any supplier thereof; (b) the failure to correct furnish or delay in furnishing any such utilities or services when such failure or inabilitydelay is caused by acts of God or the elements, and if all labor disturbances of any character, or substantially all otherwise or because of any interruption of service due to Tenant’s use of water, electric current or other resource in excess of that being supplied or furnished for the use of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes takes possession of the Premises; (c) the inadequacy, limitation, curtailment, rationing or restriction on use of water, electricity, gas or occupancy any other form of energy or any other service or utility whatsoever serving the Premises or Project, whether by Regulation or otherwise; or (d) the partial or total unavailability of any such utilities or services to the Premises or the date use Building or the diminution in the quality or quantity thereof, whether by Regulation or otherwise; or (c) any interruption in Tenant’s business operations as a result of any such occurrence; nor shall any such occurrence constitute an actual or constructive eviction of Tenant or a breach of an implied warranty by Landlord. Landlord shall further have no obligation to protect or preserve any apparatus, equipment or device installed by Tenant in the Premises, including without limitation by providing additional or after-hours heating or air conditioning. Landlord shall be entitled to cooperate voluntarily and in a reasonable manner with the efforts of national, state or local governmental agencies or utility suppliers in reducing energy or other resource consumption. The obligation to make services available hereunder shall be subject to the limitations of any such voluntary, reasonable program. In addition, Landlord reserves the right to change the supplier or provider of any such utility or service from time to time. Tenant shall have no right to contract with or otherwise obtain any electrical or other such service for or with respect to the Premises is restored or Tenant’s operations therein from any supplier or provider of any such service. Tenant shall cooperate with Landlord and any supplier or provider of such services designated by Landlord from time to time to facilitate the delivery of such services to Tenant at the Premises and to the Building and Project, including without limitation allowing Landlord and Landlord’s suppliers or providers, and their respective agents and contractors, reasonable access to the Premises for the purpose of installing, maintaining, repairing, replacing or upgrading such service or any equipment or machinery associated therewith.
D. Tenant shall pay, upon demand, for all utilities furnished to the Premises, or if not separately billed to or metered to Tenant; and (b) Landlord shall use reasonable efforts to restore , Tenant’s Proportionate Share of all charges jointly serving the Project in accordance with Paragraph 7. All sums payable under this Paragraph 15shall constitute Additional Rent hereunder.
E. Tenant may contract separately with providers of telecommunications or cellular products, systems or services for the Premises. Even though such failure products, systems or inability so long as services may be installed or provided by such failure or inability is within providers in the Building, in consideration for Landlord’s reasonable control permitting such providers to correct.
14.5 provide such services to Tenant, Tenant acknowledges and agrees that Landlord and the Landlord Indemnitees shall in no event be liable to Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City or any Tenant Party for any damages of Boston pursuant any nature whatsoever arising out of or relating to the Building Energy Reporting and Disclosure Ordinanceproducts, as systems or services provided by such providers (or any failure, interruption, defect in or loss of the same) or any acts or omissions of such providers in connection with the same may be amended from time to time (the “Energy Reporting Ordinance”) with respect to or any interference in Tenant’s space use attributes business caused thereby. Tenant waives and energy use in the Premises and, in connection therewith. releases all rights and remedies against Landlord and Tenant shall cooperate the Landlord Indemnitees that are inconsistent with each other in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination of the Term of this Lease with respect to the last Lease Year of the Termforegoing.
Appears in 1 contract
Services and Utilities. 14.1 Landlord shall manage and operate (or cause to be managed and operated) provide the Building in a manner consistent with comparable class office buildings in the Back Bay submarket of Boston (the “Comparable Standard”). From and after the Lease Commencement Date, Landlord will provide to the Premises the following services and utilities (the cost of which shall be included in Operating Expenses unless otherwise stated herein or in any separate rider hereto):
(A) Heat, ventilation and air-conditioning ("HVAC") to provide a temperature required, in Landlord's reasonable opinion and in accordance with applicable Law Law, for occupancy of the Premises under normal business operations, from 8:00 a.m. until 6:00 p.m. Monday through Friday and from 8:00 to 1:00 on Saturdays except on Holidays (as defined in Article 25). Provided that Landlord executes the Work substantially in accordance with the standards set forth below, or, if no standards are specified below, current Plans referenced in a manner the attached Work Agreement and at a level consistent provides maintenance in accordance with the Comparable Standard: air conditioning and heating during Building Hours as required provisions of this Lease, Landlord shall not be responsible for inadequate HVAC service (i) in Landlord’s reasonable judgment; janitorial service to the office portions portion of the Premises other than the data center to the extent that Tenant exceeds the heat load factors which Tenant's architect furnished to Landlord (Landlord i.e., occupancy by no more than 96 persons per floor with equipment and lighting not being required to clean any mail roomsexceeding one desk top computer per person, kitchen areas (except that Landlord will clean the floors and counter areas of any kitchen area, and remove trash therefrom) or private restrooms within the Premises) on Monday through Friday; electric power from the utility provider sufficient for customary standard lighting purposes and normal office use (but no less than five (5) ▇▇▇▇▇ per rentable square foot of the Premises connected load, which connected load shall be exclusive of HVAC and other base Building systems); standard hot and cold water in Building standard restrooms and low voltage, low current incidental equipment) and, (if applicableii) chilled water in Building standard drinking fountains; elevator service (with at least one (1) elevator in operation at all times, except in the event of an emergency); landscaping and snow removal during the seasons they are required; and exterior window cleaning service. Notwithstanding the foregoingdata center, Landlord shall provide Tenant with air conditioning and heating on Saturdays during Building Hours (excluding Holidays) at no additional cost only upon the request regardless of Tenant. If Tenant requires air conditioning or heat beyond the Building Hours, then Landlord will furnish the same provided Tenant gives Landlord one business day’s advance notice of such requirement's use thereof. Tenant shall pay be responsible for such extra providing and paying all costs associated with any additional HVAC capacity or service Tenant deems necessary or desirable.
(B) Water for drinking, lavatory and toilet purposes at those points of supply provided for nonexclusive general use of other tenants at the Property.
(C) Customary office cleaning and trash removal service Monday through Friday or Sunday through Thursday in and about the Premises.
(D) Operatorless passenger elevator service in common with Landlord and other tenants and their contractors, agents and visitors.
(E) Parking in common with other tenants of the Property on a first come, first served basis in accordance with Landlord’s then-current schedule applicable Laws. By the first anniversary of the Commencement Date and for the remainder of the Term Landlord will maintain for Tenant's benefit a parking ratio at the Property of four (currently $80.00 4) parking spaces per hour per floor, subject to adjustment each 1,000 square feet of occupied space at any time and from time to time without notice, with a one (1) hour usage minimum)the Property. To the extent Tenant provides or contracts for any services relating to any Building Structure or System or any service or utility being provided by Landlord Notwithstanding anything to the contrary contained in this Lease, the Premises directly from the supplier (which shall be separately metered and Tenant shall not be permitted make arrangements to do without Landlord’s prior written consent, which consent shall not be unreasonably withheld conditioned or delayed), Tenant shall enter into directly purchase and maintain (and provide Landlord with a copy of) a service contract therefor with a contractor licensed to do business in the jurisdiction in which the Building is located and otherwise approved by Landlord. Tenant shall have access to the Building twenty four (24) hours per day each day of the year (except in the event of an emergency). Landlord shall provide a card key (or similar type of) access system to provide access to the Building at times other than Building Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at Lease Term commencement at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Such access cards shall be issued by Landlord to the specific individuals that are designated by Tenant. Tenant shall not permit anyone, except for Tenant’s employees, permitted subtenants and assigns and authorized guests, to enter the Building at times other than the Building Hours. All persons entering or exiting the Building at times other than the normal hours of operation of the Building shall, at Landlord’s discretion, be required to sign in and out.
14.2 Landlord shall install, in connection with Landlord’s Work, submeters to measure Tenant’s actual electricity consumption, and commencing on the Lease Commencement Date, Tenant shall pay for such consumption at the then-current rates charged by the electric service provider selected and used by Landlord.
14.3 Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises. Excess usage shall mean the excess of the estimated usage all electricity consumed in the Premises (per square foot other than that consumed by HVAC equipment during regular Building hours, the cost of rentable areawhich shall be included in Operating Expenses under Article 25) during any three (3) month billing period over from the average usage (per square foot of rentable area) local utility or municipality serving the Building during the same period for the entire Building, as reasonably calculated by Landlord in good faith.
14.4 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord hereunder; provided, however, that (a) if Landlord is not proceeding diligently and in good faith to correct such failure or inability, and if all or substantially all of the Premises is rendered unusable by Tenant for a continuous period of five (5) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default exists under this Lease, Tenant shall be entitled, as its sole and exclusive remedy, to an abatement of the Base Rent payable hereunder for the period beginning on the day after such five (5) business day period ends and continuing until the earlier of the date Tenant resumes use or occupancy of the Premises or the date use of the Premises is restored to Tenant; and (b) Landlord shall use reasonable efforts to restore such failure or inability so long as such failure or inability is within Landlord’s reasonable control to correct.
14.5 Tenant acknowledges and agrees that Landlord and Tenant will be subject to certain mandatory informational and other reporting requirements imposed by the City of Boston pursuant to the Building Energy Reporting and Disclosure OrdinanceTerm, as the same may be amended extended. Tenant's use of electrical service shall not exceed the safe and lawful capacity of the Building's existing electrical circuits as may be modified per the Plans referenced in the attached Work Agreement. In the event that Tenant requires HVAC service outside of the normal Building hours set forth in Article 7(A) above, Landlord shall seek to provide same, provided that Landlord shall receive Tenant's request within a reasonable period prior to the time such extra HVAC service is needed. Landlord may comply with written or oral requests by any officer or employee of Tenant, unless Tenant shall notify Landlord of, or Landlord shall request, the names of authorized individuals (up to 3 for each floor on which the Premises are located) and procedures for written requests. Tenant shall pay the costs, for such extra HVAC service as Landlord shall from time to time reasonably determine, which shall include any indirect costs of Landlord in furnishing same such as, but not limited to, amortization of equipment costs and chemical usage. All charges for extra HVAC service shall be due at the same time as the installment of Base Rent with which the same are billed, or if billed separately, shall be due within thirty (30) days after such billing. In the “Energy Reporting Ordinance”event that Tenant requires supplementary HVAC service during regular Building hours, Landlord may install and operate meters or any other reasonable system for monitoring or estimating any services or utilities used by Tenant in excess of those required to be provided by Landlord under this Article (including a system for Landlord's engineer to reasonably estimate any such excess usage). If such system indicates such excess services or utilities, Tenant shall pay Landlord's reasonable charges for installing and operating such system and any supplementary HVAC or other systems or equipment (or adjustments or modifications to the existing Systems and Equipment), and Landlord's reasonable charges for such amount of excess services or utilities used by Tenant. Landlord does not warrant that any services or utilities will be free from shortages, failures, variations, or interruptions caused by repairs, maintenance, replacements, improvements, alterations, changes of service, strikes, lockouts, labor controversies, accidents, inability to obtain services, fuel, steam, water or supplies, governmental requirements or requests, or other causes beyond Landlord's reasonable control. None of the same shall be deemed an eviction or disturbance of Tenant's use and possession of the Premises or any part thereof, or render Landlord liable to Tenant for abatement of Rent, except as expressly provided below, or relieve Tenant from performance of Tenant's obligations under this Lease. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages. Notwithstanding anything to the contrary in this Article 7, if: (a) with respect any services or utilities are interrupted or discontinued as a result of Landlord's negligence, and Tenant is unable to Tenant’s space use attributes and energy use does not use, the Premises as a result of such interruption or discontinuance, and (b) Tenant shall have given written notice respecting such interruption or discontinuance to Landlord, and Landlord shall have failed to cure such interruption or discontinuance within five (5) consecutive days after receiving such notice, or such additional time as may be required due to acts of god, force majeure, casualty damage, strikes, shortages of labor or materials, or other causes beyond Landlord's reasonable control, Rent hereunder shall thereafter be abated until such time as such services or utilities are restored or Tenant begins using the Premises again, whichever shall first occur. In the event of (a) and (b) above, and in the Premises andevent such interruption or discontinuance has not been cured within one hundred eighty (180) consecutive days after Landlord receives notice or such additional time as may be required by causes beyond Landlord's reasonable control, Tenant may terminate this Lease by sending Landlord at least sixty (60) days (but not more than 120 days) advance notice. For purposes of this Article 7, an interruption or discontinuance of a service or utility shall be deemed to be cured if the restoration of such service or utility is effective for an aggregate period or periods of time which exceed, in connection therewiththe aggregate, the period(s) of interruption or discontinuance. Such termination right shall not be available to Tenant if Landlord corrects the interruption or discontinuance within sixty (60) days after Tenant's notice or provides Tenant new premises reasonably comparable to the Premises and Tenant access thereto within sixty (60) days after Tenant's notice. Such abatement of Rent and termination right shall cooperate with each other be Tenant's sole recourse in satisfying their respective obligations under the Energy Reporting Ordinance and Tenant shall provide event of a discontinuance or interruption of services or utilities required to be provided by Landlord with copies of Tenant’s utility bills and other reasonably requested related information for the prior calendar year not later than February 28th of each calendar year during the Term and such obligation shall survive the expiration or earlier termination hereunder. Notwithstanding any of the Term of this Lease with respect foregoing to the last Lease Year contrary, in the event of an interruption or discontinuance of services or utilities which is the Termresult of casualty damage, the provisions of Article 10 shall govern and control.
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Sources: Office Lease (Peapod Inc)