Common use of Services to be Furnished by Landlord Clause in Contracts

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 3 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Aptinyx Inc.), Office Lease Agreement (Aptinyx Inc.)

Services to be Furnished by Landlord. Provided Tenant is not in default under any of the provisions of this Lease, and subject to reimbursement pursuant to Section 4.02 above, Landlord shall provide the following services during standard hours of operation of the Building. These standard hours of operation are 7 a.m. to 7 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays. (a) Landlord agrees Public utilities shall be caused to furnish Tenant the following services:Premises with electricity and water utilized in operating any and all facilities serving the Premises; (1b) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)).conditioning;20 (2c) Routine maintenance maintenance, painting and electric lighting service for all Common Areas and Service Areas special service areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain be standard and consistent with the same operation and maintenance of the Building as a first-class office building in first class condition.the Central Business District (CBD) of 21; (3d) Janitorial service, service on a five (5) days per weekday week basis, exclusive of Normal Business Holidaysexcluding Saturdays, at a level comparable to Sundays and legal holidays; (e) 22 If any electrical equipment installed23 requires air conditioning capacity above that provided in similar first class office buildings within a three (3) mile radius by the building standard system, then the additional air conditioning installation and corresponding operating costs will be the separate obligation of the Building.Tenant; (4f) All Building Standard fluorescent Initial lamps, bulbs, starters and incandescent bulb and ballast replacement in ballasts used within the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”).; and (5g) Limited access to Security for the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Building; provided, however, Landlord shall have no liability not be liable to TenantTenant or any employee, its employeesinvitee, agents, contractors, invitees, licensee or licensees sublessee of Tenant for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in the Premises or on Building. In the Complex. event Tenant desires any of the aforementioned services in amounts in excess of those24 and in the event Landlord elects to provide these additional services, Tenant shall cooperate fully pay Landlord as Additional Rent hereunder the cost of providing these additional services. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in Landlordany respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s efforts obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to control access function properly, Landlord shall use reasonable diligence to repair that equipment or machinery promptly, but Tenant shall have no right to terminate this 20 See Exhibit F Addendum, Paragraph 2 21 See Exhibit F Addendum, Paragraph 3 22 Electrical facilities to provide sufficient power for the operation of the general banking and office business purposes of the Tenant, including all of its special machines and equipment 23 On the 18th and 19th floors of the Premises 24 To be provided as set forth above in the Building this Section 7.02 Lease, and shall follow all regulations promulgated by Landlord with respect thereto which are adopted have no claim for a reduction, abatement or rebate of Rent or damages on account of any interruption in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).service occasioned thereby resulting therefrom.25

Appears in 3 contracts

Sources: Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services:services as an Operating Expense for the Building (except as specifically provided below): (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than “Normal Business Hours” for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of federally recognized holidays), shall be furnished upon receipt of a phone request by Tenant utilizing Landlord’s computer which permits Tenant to make phone requests for such heating and air conditioning services. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))time. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas service areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial service, five (5) days per a week, exclusive of Normal Business Holidaysfederally recognized holidays; provided, at however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a level comparable statement therefor by Landlord. (d) Subject to that provided the provisions of Article 13, facilities to provide all electrical current required by a typical office user, as determined by Landlord, in similar first class office buildings within a three its use and occupancy of the Premises. (3e) mile radius All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas of the Building. (4f) All Building Standard fluorescent and incandescent bulb and ballast replacement Security in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements form of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysshall be provided in such form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by resulting from the actions of unauthorized persons in on the Premises or on in the ComplexBuilding and Landlord shall not be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with which respect thereto which are adopted thereto. The failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in accordance with Exhibit “C”whole or part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement or rent or damages on account of an interruption in service resulting therefrom. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 2 contracts

Sources: Lease Agreement (Vendingdata Corp), Lease Agreement (Elixir Gaming Technologies, Inc.)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within on the floor(s) on which the Premises approved by Landlord and provided solely for the use of Tenant and its employees, are located and central heat and air conditioning in season (the cost of Premises in season, at such service temperatures and in such amounts as are considered by Landlord to be paid standard or as required by Tenant governmental authority; provided, however, heating and air conditioning service at times other tenants of the Complex in accordance with Section 6(c)(3) than during "Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance " for all Common Areas and Service Areas of the Building in the manner (which are 7:30 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week1:00 p.m. on Saturdays, exclusive of Normal Business Holidaysnormal business holidays), shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at a level comparable to that provided in similar first class office buildings within a least three (3) mile radius days in advance of the Buildingdate such usage is requested. Tenant shall bear the entire cost of such additional service allocable to the Premises as such costs are determined by Landlord from time to time and shall pay such costs to Landlord upon demand. (4b) All Routine maintenance and electric lighting service for all Exterior Common Areas, Building Standard fluorescent and incandescent bulb and ballast replacement in the PremisesCommon Areas, the Single Floor Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to on the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons and Service Areas in the Premises manner and to the extent deemed by Landlord to be standard. (c) Janitor service in the Premises, Monday through Friday, exclusive of normal business holidays; provided, however, if Tenant's floor covering or on other improvements require special treatment, Tenant shall pay the Complexadditional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate fully in with Landlord’s efforts to control access 's employees in the Building and shall follow all regulations promulgated furnishing by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines of janitorial services at such times (including electric typewritersNormal Business Hours) as Landlord elects to have the necessary work performed; provided, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).however, that janitorial services performed by Landlord during

Appears in 2 contracts

Sources: Lease Agreement (SPR Inc), Lease Agreement (SPR Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following servicesservices in a manner consistent with Class A office standards in the Market Area: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))., during Normal Business Hours. Landlord shall provide heating, ventilating, and cooling during Normal Business Hours within the capabilities of the existing systems serving the Building. In no event shall Landlord be required to replace or supplement the existing systems to achieve a level of heating, ventilating or cooling beyond the capabilities, as of the Effective Date, of the existing systems serving the Building. For informational purposes only, Landlord discloses to Tenant that the heating and cooling systems for the Building are designed to meet the following specifications: maximum indoor summer temperature of 74° F. with maximum indoor relative humidity of 60% when outside temperature is 89° F. DB/78° F. WB, and with minimum indoor winter temperature of 72° F. with minimum indoor relative humidity of 25% when outside temperature is -16° F. DB; (2) Routine maintenance for all Common Areas (as such term is limited in the definition thereof) and Service Areas of the Building in a manner consistent with Class A office standards in the manner Market Area. Landlord shall maintain all elevators and to escalators serving the extent necessary to maintain the same Building in first class condition.good working order under maintenance agreements; (3) Janitorial Except as provided in Section 6(c)(4) of this Lease, janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class Class A office buildings within a three (3) mile radius of the Building.Market Area; (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”).; (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Except as expressly provided in Section 21 of this Lease, Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “CF”. (6) Proper Electricity and proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”). In the event Landlord determines, in its commercially reasonable discretion, that Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs. Similarly, if another tenant or occupant within the Project or the Complex is consuming special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard, Landlord shall not include such amounts in the Basic Operating Costs and shall recover said amounts directly from the tenant or occupant consuming special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard. (7) Escalator and passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems. (8) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, reasonably prescribed by the Building manager, and Tenant shall bear the cost of such requested heating and air conditioning service at the After Hours HVAC Rate; provided, however, the After-Hours HVAC Rate may be adjusted, from time to time, to reflect increases or decreases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service. (b) In the event Landlord agrees to provide any additional services not required of Landlord under this Lease at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the actual cost of providing such service within thirty (30) days following receipt of an invoice with reasonable supporting documentation from Landlord. Landlord shall continue the provision of such additional service unless Tenant has otherwise specified in writing or provides to Landlord at least thirty (30) days advance written notice to cease providing the additional service. (c) Except as provided in Section 21 of this Lease, in the event of an interruption or cessation in or failure of or inability by Landlord to provide any services to the Premises or Building as provided for in this Lease for any reason (“Service Failure”), such Service Failure shall not, regardless of duration, impose upon Landlord any liability whatsoever; provided, however, in the event of a Service Failure, Landlord shall use commercially reasonable efforts to remove the cause of the failure or cessation and restore the service promptly, including, without limitation, temporary equipment rental, payment of overtime pay, travel expenses, and the expenses of shipping by air (the costs of which shall be included in Basic Operating Costs). In the event the result of such Service Failure resulting from causes other than matters of Force Majeure and if such Service Failure shall render the Premises untenantable for the reasonable conduct of Tenant’s business and such untenantability continues for five (5) consecutive Business Days, Rent and other charges payable by Tenant to Landlord hereunder shall ▇▇▇▇▇ based on the proportionate share of the Premises rendered untenantable, from the beginning date of such Service Failure; and if such Service Failure shall continue for a period of more than two hundred seventy (270) consecutive days and more than 20% of the Rentable Area within the Premises is rendered continuously untenantable during that period, Tenant shall have the right to terminate this Lease with respect to the portion of the Premises that is untenantable provided notice of said termination is given to Landlord prior to reinstatement of said facilities, utilities or services. Notwithstanding the foregoing, if there is an interruption in electrical power which is (a) specific to the Building (as opposed to an interruption or curtailment in electrical power which extends beyond the Building to include other properties), (b) causes the Premises to be untenantable, and (c) is not caused by an event of Force Majeure, then Tenant will be entitled to deliver Landlord a notice stating that if the untenantability caused by the interruption is not cured within five (5) Business Days, Tenant will be entitled to an abatement of Rent as provided in this Section 9(c). If Tenant properly delivers such an abatement notice to Landlord, and the untenantability caused by the interruption in electric power is not remedied within five (5) Business Days after Landlord receives Tenant’s abatement notice, then Tenant shall thereafter be entitled to an abatement of Rent (in proportion to the portion of the Premises rendered untenantable by the interruption in electrical power) until such electric power is restored. The provisions of this Section 9(c) are not intended to apply to situations where the failure by Landlord to furnish any of the facilities, utilities or other services specified herein arise under Section 23 and Section 24 which provisions shall be deemed to control the rights and obligations of the parties hereto with respect to any such Service Failure by Landlord.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (FSP 50 South Tenth Street Corp)

Services to be Furnished by Landlord. (a) A. Landlord agrees to shall furnish Tenant the following services: : (1i) Facilities heating, ventilating and air conditioning during Normal Business Hours to provide a temperature condition required for comfortable occupancy of the Premises under normal business operations; (ii) at all times hot and cold water at those points of supply provided for general use of other tenants restrooms located in the Building and as necessary to service any refrigerated water for drinking fountains located in the Building, and at Tenant’s request and reasonable expense, hot and cold water for kitchen facilities and restrooms areas within the Premises; (iii) janitorial service in the Premises approved by Landlord and provided solely Common Areas (including cleaning of all floors—wet mop or dry sweep—, vacuuming of carpets, emptying wastebaskets, and cleaning restrooms) on Business Days; (iv) electricity to the Premises for general office use, in accordance with and subject to the use terms and conditions of Section 10 of this Lease; (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and its employeessubject to scheduling and charges by Landlord; (vi) on-site trash dumpster and at least weekly trash removal; (vii) snowplowing and ice removal services for the parking lot, driveways and sidewalks located on the Property, Monday through Saturday (excluding legal holidays); (viii) maintaining the Parking Deck and all interior and exterior Common Areas, including elevators and stairwells, in a safe, lawful, clean and neat, and central heat in good operating, condition; and air conditioning (ix) wash Building windows at intervals reasonably established by Landlord. B. If Tenant requests any other utilities or building services in season (addition to those identified in Section 6A, or any of the cost of above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such service to additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of utilities and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth Building services identified in Section 9(a)(8))6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes shall not render Landlord liable in any respect nor be construed as an actual or constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. D. Notwithstanding anything to the contrary contained in this Section 6, if: (2i) Routine maintenance for all Common Areas and Service Areas of Landlord ceases to furnish any service in the Building for a period in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, excess of five (5) days per weekconsecutive Business Days (or five (5) or more Business Days in any ten (10) Business Day period) after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, exclusive of Normal Business Holidaysthe Premises or a material portion thereof, at a level comparable is rendered reasonably unusable for Tenant’s ordinary business operations, and Tenant in fact ceases to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in use the Premises, or the Common Areas and the Service Areasmaterial portion thereof, provided Tenant then Tenant, as its sole remedy, shall be charged Landlord’s standard Building charge entitled to receive an abatement of Base Rent payable hereunder during the period for all replacements the period and duration of same such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)so rendered untenantable and not used by Tenant. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 2 contracts

Sources: Office Lease (Proquest Co), Sublease Agreement (Voyager Learning CO)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: : (1) Facilities Water service for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours through Hours. Tenant shall pay Landlord the use standard charge for the additional service as reasonably determined by Landlord from time to time; (3) Maintenance and repair of master entry cards and/or keysthe Property as described in Section IX.B; (4) Landlord does not provide Janitorial services inside Tenants premises. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost, attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall have no liability not render Landlord liable to Tenant, its employeesconstitute a constructive eviction of Tenant, agentsgive rise to an abatement of Rent, contractorsnor relieve Tenant from the obligation to fulfill any covenant or agreement, inviteesprovided Landlord makes reasonable effort to restore such services as soon as possible. However, if the Premises, or licensees a material portion of the Premises, is made untenable for losses due a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft or burglary of Tenant’s Property (other than theft or burglary committed by employees of Landlorddefined in Article XV), arising out of or for damages done by unauthorized persons in connection with the Premises failure of any security services, personnel or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”equipment. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)

Services to be Furnished by Landlord. (a) Landlord shall provide to Tenant, at no additional or separate charge to Tenant, the level and quality of services typically provided by Landlords of office buildings comparable to the Building within a three mile radius of the Building and Tenant shall be entitled to install and operate photocopiers, telephone and telecopy equipment, word processing equipment, computers and other equipment customarily used in comparable office space in such area without additional charge. Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (season, at such temperatures and in such amounts as are considered standard for buildings comparable to the cost of such service to be paid by Tenant and other tenants Building within a three mile radius of the Complex in accordance with Section 6(c)(3) during Normal Business HoursBuilding or as required by governmental authority; provided, however, heating and the cost of such air conditioning service during at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to be paid Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as set forth in Section 9(a)(8))such costs are determined by Landlord from time to time. Tenant shall comply with energy conservation programs implemented by Landlord by reason of enacted laws or ordinances. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level deemed standard for buildings comparable to that provided in similar first class office buildings the Building within a three (3) mile radius of the Building. (4c) Janitor service on Business Days; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by, Landlord. (d) Subject to the provisions of Paragraph 11 hereof, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (See Addendum, Section 9). (e) All fluorescent bulb replacement in the Premises necessary to maintain the lighting provided by Landlord as set forth in the Work Letter Agreement attached hereto as EXHIBIT "D" as a part of the Building Standard Materials and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge . (f) Passenger elevators for all replacements ingress and egress to and from the floor of same in the Premises during the Term (provided the cost of same provided to Normal Business Hours and with at least one passenger elevator available at all other tenants’ premises shall be excluded from “Operating Costs”)times. (5g) Limited access Access control to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdeems appropriate. Tenant shall cooperate fully in Landlord’s 's efforts to maintain access control access in to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted thereto. (See Addendum, Section 6). Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in accordance with Exhibit “C”. whole or in part, resulting from adherence to laws, regulations and administrative orders, FORCE MAJEURE or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service thereby or resulting therefrom. Except as expressly provided herein, Landlord shall not be required to make any repairs to or maintain the Premises. (6) Proper facilities See Addendum, Section 8). Notwithstanding anything to furnish (A) Building Standard lightingthe contrary set forth in this Lease, if there is any material slow-down, interruption or stoppage of any of the services required to be provided by Landlord pursuant to this Lease, and if Landlord has failed to commence to cure or remedy such problem within ten (B10) sufficient electrical power for normal office machines (including electric typewritersdays after Tenant's prior written notice thereof, desk-top computer facilities or if Landlord should fail thereafter to proceed diligently to remedy such problem, then provided that the problem has a material adverse effect on the habitability of the Premises or a portion thereof and desk-top word processing facilities) and other machines Tenant has ceased to use or occupy the portion of similar electrical consumption (“Miscellaneous Power”)the Premises affected, Tenant shall have the right to ▇▇▇▇▇ rent by submitting to binding arbitration.

Appears in 2 contracts

Sources: Office Lease Agreement (Objectspace Inc), Office Lease Agreement (Objectspace Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services, subject to any limitations which may be imposed thereon from time to time by any governmental authority: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat heating and air conditioning in season season, at such temperatures, and during such business hours as are deemed standard by Landlord from time to time; however, heating and air-conditioning services at times other than for normal business hours for the Building (which for purposes of this Lease shall be 7:00 o'clock a.m. to 6:00 o'clock p.m. Monday through Friday, excluding holidays, and 8:00 o'clock a.m. to 12:00 o'clock noon on Saturday, excluding holidays) shall be furnished only at Landlord's discretion upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least three (3) days in advance of the date such usage is requested. Tenant shall bear the entire cost of such requested additional service, but such cost shall not exceed Landlord's actual cost, which cost shall not be increased except as a result of the increase in the cost of such service to be paid utilities supplied by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))applicable utility company. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial Janitor service, five (5) days per weekMondays through Fridays, but exclusive of Normal Business Holidaysnormal business holidays substantially in accordance with Landlord's Building Standard specifications; except that, at if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingstatement therefore by Landlord. (4d) Subject to the provisions of Paragraph 13, Building Standard facilities to provide electrical current sufficient to illuminate the Premises and for the operation of small office machines by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5f) Limited Access to the Building may be regulated during other than normal business hours in such manner as Landlord deems appropriate; however, Tenant and its employees shall have access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys24 hours a day, 7 days a week. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages or injuries done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s 's efforts to regulate access to the Building. The failure by Landlord to any extent to furnish, or the interruption or termination of, the above-described services in whole or in part resulting from causes beyond the reasonable control access of Landlord shall not render Landlord liable in any respect, not be construed as an eviction of Tenant, nor cause an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the Building and provision of such services for any cause cease to function properly, Tenant shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power have no claim for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines offset or abatement of similar electrical consumption (“Miscellaneous Power”).rent or damages on account of an

Appears in 2 contracts

Sources: Sublease Agreement (Landacorp Inc), Sublease Agreement (Landa Management Systems Corp)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (a) Landlord except as otherwise provided), agrees to furnish Tenant the following services: (1. Water for use in the lavatories on the floor(s) Facilities on which the Premises is located. If Tenant desires water in the Premises for hot and any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central such hot water heater. 2. Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the cost of such service during event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours Hours, such central heat, ventilation or air conditioning may be provided by telephonic activation of the Building's HVAC system and/or shall be furnished upon the written request of Tenant delivered to Landlord at the office of the Building prior to 3:00 P.M. at least one Business Day in advance of the date for which such usage is requested. Tenant shall pay Landlord, as Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time (as of the date of this Lease, Landlord's cost for such service is $60.00 per hour (or fractional hour), which charge may be paid as set forth subject to change from time to time to reflect changes in Section 9(a)(8)Landlord's direct or indirect costs of providing such service). (2) Routine maintenance for 3. Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class conditionbe standard for buildings of similar class, size, age and location. (3) Janitorial service4. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, five (or such other reasonably comparable specifications designated, from time to time, by Landlord; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental. 5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided . Passenger elevator service in similar first class office buildings within a three (3) mile radius common with other tenants of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in 6. Electricity to the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenantfor general office use, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”and subject to the terms and conditions set forth in Article XI of this Lease. (6) Proper facilities 7. The failure by Landlord to furnish (A) Building Standard lightingany extent to furnish, or the interruption or termination of, any services in whole or in part, resulting from adherence to laws, regulations and (B) sufficient electrical power administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities Landlord shall use reasonable diligence to repair such equipment or machinery. B. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of any security personnel, service, procedures or equipment and desk-top word processing facilities) and other machines Landlord shall not be liable in any manner for the failure of similar electrical consumption (“Miscellaneous Power”)any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property.

Appears in 2 contracts

Sources: Sublease (Acacia Research Corp), Office Lease (Acacia Research Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant with the following Building systems and services: : (1i) Facilities for hot and cold water at those points of supply provided service for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located; (ii) during domestic cold water through the base Building system; (iii) condenser-water, pre­conditioned and delivered through the condenser loop of the Building to supply Tenant specific heating, ventilating and air-conditioning systems serving areas other than Normal Business Hours the Laboratory Area within the Premises and the refrigeration systems within the Laboratory Area; (iv) tempered fresh air (HVAC) delivered through the use base Building system; (v) drainage system for domestic water and sanitary waste at locations approved and designated by Landlord; (vi) a back-up generator providing for emergency lighting of master entry cards and/or keyscommon areas of the Building; (vii) maintenance and repair of the Premises and Property, to the extent and as described in Section 10(b); (viii) elevator service; (ix) electricity to the Premises, in accordance with and subject to the terms and conditions in Article 11 of this Lease; (x) card key access and a lock system to the Premises 24 hours a day, 7 days a week; and (xi) such other services as Landlord reasonably determines are necessary or appropriate for the Property, which may include security. Landlord's expenses incurred in maintaining, repairing and operating the Building systems and providing the foregoing services shall be Expenses payable by Tenant in accordance with the provisions of this Lease. (b) Landlord's failure to furnish, or any interruption or termination of, services or utilities due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall have no liability not render Landlord liable to Tenant, its employeesconstitute a constructive eviction of Tenant, agentsgive rise to an abatement of Rent, contractorsnor relieve Tenant from the obligation to fulfill any covenant or agreement. In no event shall Landlord be liable to Tenant for any loss or damage, invitees, or licensees for losses due to including the theft or burglary of Tenant's Property (other than theft or burglary committed by employees of Landlorddefined in Article 16), arising out of or for damages done by unauthorized persons in connection with the Premises failure of any security services, personnel or on equipment, provided that Landlord's and/or its employee's acts, omissions or negligence did not contribute to or cause the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”loss or damage. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 2 contracts

Sources: Lease Agreement (Kolltan Pharmaceuticals Inc), Lease Agreement (Kolltan Pharmaceuticals Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to shall furnish Tenant during Tenant’s occupancy of the Leased Premises the following servicesBuilding standard services (the “Building Standard Services”) so long as an Event of Default has not occurred: (1i) Facilities for Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central Building. (ii) Central heat and air conditioning in season (the cost of season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to be paid Tenant between the hours (the “Building Operating Hours”) of 7:00 A.M. and 6:00 P.M., Monday through Friday, and 8:00 A.M. and 12:00 P.M., Saturday (upon written request by Tenant and other tenants delivered to Landlord at least twenty-four (24) hours in advance), excluding the following holidays (or the day observed in lieu thereof by the government of the Complex United States): New Year’s Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other holidays as may be designated by Landlord (collectively, the “Holidays”). Upon request of Tenant made in accordance with the Project Rules (defined in Section 6(c)(3) during Normal Business 5.7), Land lord will furnish air conditioning, ventilating and heating at times other than Building Operating Hours, and in which event Tenant shall pay Landlord the cost then current charges incurred by Landlord to provide such services. As of the Effective Date, the after hour HVAC charge is $45.00 per hour per floor; however such service during other than Normal Business Hours charge is subject to be paid as set forth increase by Landlord based upon actual increases in Section 9(a)(8))costs that Land lord may incur. (2iii) Routine maintenance and electric lighting service for all Common Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class conditionBuilding. (3iv) Janitorial service, service on a five (5) days day per weekweek basis (excluding the Holidays); provided, exclusive however, if Tenant requests any such special or additional cleaning in excess of Normal Business HolidaysBuilding Standard Services, Tenant shall pay the actual additional cleaning cost, if any, incurred by Landlord as the result thereof plus a charge equal to fifteen percent (15%) of such additional costs for administrative cost recovery. The Building Standard Janitorial Services to be provided to Tenant are set forth on Exhibit F attached hereto and made a part hereof. (v) Sufficient electrical capacity transformed to a panel box located in the core of each floor of the Leased Premises for (A) machines of low electrical consumption at standard voltage ( 120 volts, single-phase) to the extent that the total demand load at 100% capacity of said machines of low electrical consumption does not exceed two (2) ▇▇▇▇▇ per square foot of Usable Area, and (B) lighting and equipment at high voltage (277 volts, single-phase) to the extent that the total demand load at 100% capacity of said lighting and equipment does not exceed the lower of two (2) ▇▇▇▇▇ per square foot of Usable Area or the electrical consumption permitted by Legal Requirements (each such rated electrical design load to be hereinafter referred to as the “Building Standard Rated Electrical Design Load”). Should Tenant’s non-linear electrical load (created by equipment such as personal computers, television sets, laser printers, copiers or other electronic devices connected to the power system) result in harmonic distortion conditions which cause any adverse effects in the Project, including but not limited to, deration of any transformer, distribution stepdown transformer failures, overheating or melting of neutral conductors, or malfunctioning of various electronic components, Tenant acknowledges that Tenant, at Tenant’s sole cost, shall be obligated to eliminate such harmonic distortion conditions and to repair any damage which results from such harmonic distortion within thirty (30) days of Landlord’s request. If Tenant fails to eliminate such harmonic distortion and repair such damage caused thereby within such thirty (30) day period, Landlord, at its option, may make such corrections deemed necessary by Landlord to eliminate such harmonic distortion and make such repairs, and Tenant shall pay to Landlord on demand Land lord’s cost thereof plus a level comparable charge equal to that provided fifteen percent (15%) of such costs for administrative cost recovery. If Tenant’s electrical equipment and lighting require electrical circuits, transformers or other additional equipment in similar first class office buildings within a three (3) mile radius excess of Tenant’s pro rata share of the Building’s electrical or HVAC systems (which additional equipment shall be hereinafter referred to as the “Additional Electrical Equipment”), Tenant may (at Tenant’s cost, including the cost to design, install, maintain and replace the Additional Electrical Equipment [including the meters]) install the same, provided such installation is compatible with existing Building systems, will not compromise Landlord’s ability to provide services to Tenant or other tenants of the Building and will not be burdensome to the Project or to Landlord, in Landlord’s opinion, and Tenant shall pay all operating costs related to that requirement (including, without limitation, the cost of electricity, water or other services consumed through, or in connection with, the Additional Electrical Equipment). The method of design and installation of any Additional Electrical Equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and shall be performed by Landlord at Tenant’s sole cost (including a charge equal to fifteen percent (15%) of such cost for the review and installation of such Additional Electrical Equipment for administrative cost recovery). Tenant shall pay to Landlord the cost of electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by meter, or if not metered, as otherwise reasonably estimated by Landlord, plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Landlord may cause the entire Leased Premises to be separately metered (at Tenant’s expense, including, without limitation, the cost of installing, maintaining, repairing and replacing such meters to the extent necessary), in which event Tenant shall pay the actual cost of electricity consumed by Tenant. (4vi) All Building Standard (defined in Exhibit C-1) fluorescent bulb replacement in all public areas of the Project and all incandescent bulb and ballast replacement in the PremisesCommon Areas on floors on which the Leased Premises are located not leased entirely by Tenant, the General Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5vii) Limited Perimeter access to control for the Building (or to the floor on which the Premises are located) Project during hours other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to TenantBuilding Operating Hours; PROVIDED, its employeesHOWEVER, agentsLANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, contractorsAND SHALL NOT BE LIABLE TO TENANT, inviteesITS AGENTS, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)EMPLOYEES, or for damages done by unauthorized persons in the Premises or on the ComplexCONTRACTORS, VISITORS OR INVITEES FOR, LOSSES DUE TO THEFT OR BURGLARY, OR FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY DONE BY PERSONS GAINING ACCESS TO THE LEASED PREMISES OR THE PROJECT, AND TENANT HEREBY RELEASES LANDLORD FROM ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY LANDLORD’S NEGLIGENCE. Tenant shall cooperate fully in Landlord’s efforts to maintain access control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. (6viii) Proper facilities Non-exclusive multiple cab passenger elevator service to the Leased Premises during Building Operating Hours on weekdays, with passenger elevator service to the Leased Premises by at least one (1) cab twenty-four (24) hours per day, and non-exclusive freight elevator service to the Leased Premises during Building Operating Hours on weekdays with such freight elevator service available at other times upon reasonable prior notice (however, all of the foregoing shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems); provided that such elevator access shall be subject to Landlord’s access control measures. In the event Tenant desires Landlord to provide any of the aforementioned services (including heating and air-conditioning) in amounts in excess of Building Standard Services or in addition to the Building Operating Hours, and provided such services are compatible with existing Building systems, will not compromise Landlord’s ability to provide services to Tenant or other tenants of the Building and are not burdensome to the Project or to Landlord, in Landlord’s opinion, and so long as an Event of Default is not in existence, Landlord may elect (but is not required) to provide such excess or additional services and Tenant shall pay Landlord as additional rent hereunder the cost of providing such excess or additional services, including without limitation, design, metering, installation and operating costs plus a charge equal to fifteen percent (15%) of such costs for administrative cost recovery. (b) To the extent the services described in Section 4.l(a) require electricity, water, gas, steam or other utility services supplied by public utilities, Landlord’s covenants hereunder shall impose on Landlord only the obligation to use its good faith1 reasonable efforts to cause the applicable public utilities to furnish (A) Building Standard lightingthe same. Landlord shall not be responsible for, and shall have no liability with respect to, the quality or condition of any services provided by such public utilities. (Bc) sufficient electrical power for normal office machines Failure by Landlord to any extent to furnish any of the aforementioned services to Tenant, the Leased Premises or the Project, or any cessation (including electric typewritersany partial curtailment) thereof, desk-top computer facilities and desk-top word processing facilities) and other machines shall not render Landlord liable in any respect for damages to person, property or otherwise, nor to be construed as an eviction of similar electrical consumption (“Miscellaneous Power”)Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the services listed herein break down, or for any cause cease to function properly, such failure shall not work as an abatement of Rent, nor be construed as an eviction of Tenant, nor relieve Tenant from fulfilling any covenant or agreement contained herein, nor render Landlord liable for damages; however, Landlord shall use reasonable diligence to repair same promptly.

Appears in 1 contract

Sources: Lease Agreement (Nobilis Health Corp.)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior consent of supply provided for general use of other tenants Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the use maintenance and repair of Tenant and its employees, and central any such water heater. (2) Central heat and air conditioning in season (the cost of during Normal Building Hours, at such service temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be paid standard for buildings of similar class, size, age and location, or as required by governmental authority. In the event that Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hoursrequires central heat, and the cost of such ventilation or air conditioning service during at times other than Normal Building Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 12:00 p.m. at least one Business Hours Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are reasonably determined by Landlord from time-to-time, as Additional Rent, payable on the same day as the next monthly installment of Base Rent is due, following presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as set forth in Section 9(a)(8))Additional Rent. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the reasonable additional cleaning cost attributable thereto as Additional Rent, payable on the same day as the next monthly installment of Base Rent is due, following presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as reasonably established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited access Passenger elevator service in common with Landlord and other persons during Normal Building Hours and freight elevator service in common with the Landlord and other persons during Normal Building Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building (or to the floor on which the Premises are located) during other than Normal Business Building Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexreasonably deems appropriate. Tenant shall cooperate fully in Landlord’s reasonable efforts to maintain access control access in to the Building and shall follow all reasonable regulations promulgated by Landlord with respect thereto which are adopted thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in accordance with Exhibit “C”any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Property. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. If any utility or other service described in this Section 7 is interrupted, Tenant will promptly notify Landlord in writing. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof; provided, however, that if (Aa) Building Standard lightingany utility or other service described in this Section 7 is discontinued or interrupted and (b) such discontinuance or interruption is within Landlord’s reasonable control, and (Bc) sufficient electrical power such discontinuance or interruption continues for normal office machines at least 10 consecutive business days and renders all or a material portion of the Premises untenantable or inaccessible for such period such that Tenant cannot and does not operate its business from the Premises or such portion for such period, then as Tenant’s sole and exclusive remedy for such discontinuance or interruption, Landlord will equitably ▇▇▇▇▇ Tenant’s obligation to pay Base Rent and Tenant’s Prorate Share of Basic Costs beginning on the 11th business day after the later of (including electric typewriters1) the first day of such interruption and (it) the date of Landlord’s receipt of Tenant’s notice thereof, desk-top computer facilities and desk-top word processing facilities) and other machines ending on the date on which such service is substantially restored. Should any of similar electrical consumption (“Miscellaneous Power”)the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to promptly repair such equipment or machinery.

Appears in 1 contract

Sources: Office Lease (Alfacell Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant, for the portion of the Premises occupied by Tenant the following services: (1a) Facilities Electricity for hot lighting fixtures, mechanical services, general Building operations and equipment, including business equipment and accessories, customary for the purpose for which the Premises may be used under this Lease. (b) Hot and cold water at those points of supply provided for general use of other tenants in the Building Building. (c) Landlord shall provide heat and as necessary air-conditioning to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesas required therein from 7:00 a.m. to 7:00 p.m., Monday through Friday, and central heat 8:00 a.m. to 1:00 p.m. on Saturdays, subject to the other provisions of the Lease, except that (i) Landlord shall not be required to provide such services on Sundays or local, state or national holidays; and air conditioning in season (ii) Landlord shall provide such services during hours other than those stated above upon at least twenty four (24) hours prior notice from Tenant to Landlord at the cost rate of such $45.00 per hour, per floor, with a two (2) hour minimum, which amount shall be payable by Tenant to Landlord within ten (10) days following receipt of an invoice therefor; (d) Janitorial service, weekdays except for normal business holidays, including janitorial service to be paid by Tenant and other tenants of the Complex Premises substantially in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as janitorial specifications which are set forth in Section 9(a)(8))on Exhibit E attached hereto. (2e) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3f) Janitorial serviceSubject to the provisions of Section 6.2 hereof, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable facilities to that provided provide electric current in similar first class office buildings within a three (3) mile radius of the Buildingmanner and to the extent deemed by Landlord to be standard. (4g) All Building Standard Fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5h) Limited Access to the Building, which may be limited by Landlord during hours other than Normal Business Hours. Landlord may require those tenants requesting access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through to pay a $25.00 deposit for each magnetic access card which Landlord supplies for after-hours access to the use Building, which deposit shall be fully refundable, at any time, upon surrender of master entry cards and/or keyseach such card. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. (6i) Proper facilities An elevator key-card access system to furnish (A) Building Standard lightingallow Tenant to restrict access, 24 hours a day, 7 days a week, to the portion of the Premises located on the 7th and 8th floors for Tenant’s exclusive use. Tenant acknowledges and agrees that Landlord has not warranted, and (B) sufficient electrical power does not hereby warrant, the effectiveness of any such security system and does not undertake any responsibility for normal office machines (including electric typewriters, desk-top computer facilities security of the Premises. Tenant agrees that Landlord and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)its agents are entitled to access to the Premises for the purposes set forth in the Lease.

Appears in 1 contract

Sources: Lease Agreement (Ace Cash Express Inc/Tx)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: : (1) Facilities Water service for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours, in accordance with the specifications attached hereto as Exhibit F or otherwise as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time. As of the date hereof, Landlord’s charge for after hours heating and air conditioning service is $45 per hour, per floor, subject to change from time to time. The minimum period of time for which Tenant may request after hours HVAC service is 2 hours; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; (7) Security to the Building which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system in accordance with the use specifications attached hereto as Exhibit H (8) Access to the Building for Tenant and its employees 24 hours per day/7 days per week, subject to the terms of master entry cards this Lease and such security or monitoring systems as Landlord may reasonably impose, including, without limitation, sign-in procedures and/or keys. presentation of identification cards, and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall have no liability not render Landlord liable to Tenant, its employeesconstitute a constructive eviction of Tenant, agentsgive rise to an abatement of Rent, contractorsnor relieve Tenant from the obligation to fulfill any covenant or agreement. However, inviteesif the Premises, or licensees a material portion of the Premises, is made untenantable for losses a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s Property (defined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing, if a Service Failure is reasonably within the control of Landlord and (a) continues for 120 consecutive days after the Service Failure and (b) is not being diligently remedied by Landlord, then Tenant, as its sole remedy, shall have the right to elect to terminate this Lease within 10 days after the expiration of said 120 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or restoration of the service, Tenant shall not be entitled to terminate the Lease but rather Tenant’s sole remedy shall be to ▇▇▇▇▇ Rent as provided above. The foregoing termination right shall not apply if the Service Failure is due to theft fire or burglary (other than theft or burglary committed by employees casualty. Instead, in such an event, the terms and provisions of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant Article XVII shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”apply. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Services to be Furnished by Landlord. (a) Landlord agrees shall use all reasonable efforts to furnish Tenant furnish, subject to the Building Rules and Regulations (hereinafter defined) and Tenant's performance of its obligations hereunder, the following services: (1) Facilities for hot Air-conditioning and heating in season, during Normal Building Operating Hours (hereafter defined), at such temperatures and in such amounts as are considered by Landlord to be standard; (2) Hot and cold water at those points of supply provided for general use of other tenants in the Building lavatory and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition.drinking purposes only; (3) Janitorial service, Janitor service in and about the Building and the Leased Premises five (5) days per week, exclusive and periodic window washing; however, Tenant shall pay, as additional Rent upon presentation of Normal Business Holidaysa statement therefor by Landlord, at a level comparable the additional costs attributable to that provided in similar first class office buildings the cleaning of improvements within a three the Leased Premises other than Building Standard (3hereinafter defined) mile radius of the Building.improvements; (4) All Building Standard fluorescent Elevators for access to and incandescent bulb and ballast replacement in egress from the Leased Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”).; (5) Limited Electricity and proper facilities to furnish sufficient electrical power during Normal Building Operating Hours for normal office machines and other machines of low electrical consumption, but not including electricity or air conditioning required for electronic data processing equipment, special lighting in excess of Building Standard, or any other item of electrical equipment which singly consumes more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than 120 volts single phase; and (6) Replacement of fluorescent lamps in Building Standard light fixtures installed by Landlord and incandescent bulb or fluorescent lamp replacement in public toilet and restroom areas and stairwells. (b) Equipment and personnel to limit access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. after normal business hours; provided, however, Landlord shall have no responsibility to prevent, and shall not be liable to Tenant for, and shall be indemnified by Tenant against, liability or loss to Tenant, its employees, agents, contractors, invitees, or licensees for employees and visitors arising out of losses due to theft theft, burglary, or burglary damage or injury to persons or property caused by persons gaining access to the Building or the Leased Premises, and Tenant hereby releases Landlord from all liability relating thereto. Landlord shall furnish one (other than theft 1) cardkey for each six hundred fifty (650) square feet of Rentable Area of the Leased Premises, any additional cardkeys will be furnished at a charge by Landlord on an order signed by Tenant or burglary committed by employees Tenant's authorized representative. All such cardkeys shall remain the property of Landlord), or for damages done by unauthorized persons in . No additional locks shall be allowed on any door of the Leased Premises or on the Complex. Tenant shall cooperate fully in without Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).'s

Appears in 1 contract

Sources: Lease Agreement (Eagle Geophyical Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot and cold Unheated water at those points of supply provided for general use of other tenants in drinking and lavatory purposes at the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)).Building; (2b) Routine maintenance and electric lighting service for all the Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class condition.be standard; (3c) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable Facilities to that provided in similar first class provide all electrical current required for general office buildings within a three (3) mile radius use and occupancy of the Building.Premises, but not the cost of the electrical current. Tenant’s usage of electrical current for the Premises, including, without limitation for HVAC, shall be separately metered or submetered at Tenant’s expense and paid by Tenant. At the option of Landlord, all such charges shall be either: (i) paid by Tenant directly to the provider thereof prior to delinquency; or (i i) paid by Tenant to Landlord as Additional Rent promptly after being invoiced therefor; (4d) All Building Standard fluorescent Fluorescent and incandescent bulb and ballast replacement in the Common Areas; (e) Passenger elevator service in common with other Building tenants from existing elevators for ingress to and egress from the Premises, the Common Areas and the Service Areas, provided ; (f) Storm shutters for Tenant’s storefront but Tenant shall be charged Landlord’s standard Building charge responsible for all replacements the installation, care and maintenance of same in such storm shutters and shall install them, when appropriate, promptly upon issuance of a storm warning by the local governing authorities; (g) Landlord shall have no obligation to provide any security for the Property, the Premises during and/or Tenant’s business. Tenant agrees that it shall provide and be solely responsible for its own security, at Tenant’s expense for the Term (provided operation of Tenant’s business. Landlord will not be providing any alarm system for individual tenant premises. Should Tenant wish to install a central service alarm system, Tenant shall register the cost same with the City of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysFt. Lauderdale. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in the Premises or on the ComplexComplex or for any injury, trauma or other harm to any person. Landlord shall not be required to insure against any such losses. Tenant shall be responsible for all repairs and replacements of damage and/or destruction of the Premises necessitated by burglary or attempted burglary, or any other illegal or forcible entry into the Premises. Notwithstanding the foregoing, Landlord may, at its option, adopt and provide security services for the Complex from time to time. Tenant shall cooperate fully in Landlord’s any efforts of Landlord to control access maintain security in the Building Complex and shall follow all rules and regulations promulgated by Landlord. Any security services that are voluntarily undertaken by Landlord may be changed or discontinued from time to time in Landlord’s sole and absolute discretion, without liability to Tenant, its employees, agents, customers and invitees. Tenant waives any claims it may have against Land lord arising out of any security services provided by Landlord, or the inadequacy or absence thereof, specifically including Landlord’s negligence with respect thereto which are adopted to the providing or failure to provide such services. The failure by Landlord to any extent to furnish, or the interruption or termination of these defined services, in accordance with Exhibit “C”whole or in part, resulting from causes beyond the reasonable control of Landlord, shall not render Landlord liable in any respect nor be construed as an evict ion of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement in this Lease. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service occasioned thereby or resulting therefrom, nor shall any other charges or compensation be claimed by or allowed to Tenant, or any persons claiming under Tenant, under any circumstances, whether for inconvenience, discomfort, interruption of business or arising from any other cause or reason. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (Diversified Health & Fitness Inc)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following servicesservices some of which are solely Tenant’s expense and some of which are for a pro-rata share of increases over a base year of 2006 all as provided in more detail in Exhibit C incorporated herein by reference: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason,. including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply Landlord; unless such work is expressly included in the allowance for tenant improvements provided for general use of other tenants in Exhibit D. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the use maintenance and repair of Tenant and its employees, and central heat and air conditioning in season (the cost of any such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))water heater. (2) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class conditionbe standard for buildings of similar class, age and location. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable Electricity to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”and subject to the terms and conditions of Section 11. of this Lease. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish (A) Building Standard lightingTenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and (B) sufficient electrical power administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)Landlord shall use reasonable diligence to repair such equipment or machinery.

Appears in 1 contract

Sources: Industrial Building Lease (Amedica Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services:services as Standard Operating Costs and Variable Operating Expenses for the Building (except as specifically provided below): (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than "Normal Business Hours" for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal holidays), shall be furnished to Tenant on a twenty-four (24) hour per day basis, three hundred sixty-five (365) days per year. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to time, except that Landlord shall provide Tenant heating and air conditioning from 7:00 a.m. to 8:00 a.m., free of charge (Monday through Friday). Such costs shall be included in the Variable Operating Expenses to be paid by Tenant and other tenants of pursuant to the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))Lease. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas service areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial service, five (5) days per a week, exclusive of Normal Business Holidays (hereinafter defined); provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. For purposes of this Section 4.04 to the Lease, normal holidays ("Normal Holidays") shall be defined as New Years Day, at President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas. (d) Subject to the provisions of Section 4.04(h), facilities to provide all electrical current required by a level comparable to that provided typical office user, as determined by Landlord, in similar first class office buildings within a three its use and occupancy of the Premises. (3e) mile radius All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas of the Building. (4f) All Building Standard fluorescent and incandescent bulb and ballast replacement Security in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements form of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysshall be provided in such form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by resulting from the actions of unauthorized persons in on the Premises or on in the ComplexBuilding and Landlord shall not be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s 's efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with which respect thereto which are adopted in accordance with Exhibit “C”thereto. (6g) Proper facilities Access to furnish (A) Building Standard lightingthe Premises, the Building, and the parking facilities twenty-four (B24) sufficient electrical power hours a day, seven (7) days per week and fifty-two weeks per year; provided, however, such access shall be limited by the Building access system, parking facilities access system, and temporary closures that may be necessary to maintain the Building and/or parking facilities. (h) [Intentionally Omitted.] The failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines Tenant shall have no claim for offset or abatement or rent or damages on account of similar electrical consumption (“Miscellaneous Power”)an interruption in service resulting therefrom.

Appears in 1 contract

Sources: Lease Agreement (Expedia Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to shall furnish Tenant during Tenant's occupancy of the Leased Premises the following services:Building standard services (the "Building -------- Standard Services") so long as an Event of Default has not occurred: ----------------- (1i) Facilities for Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central Building. (ii) Central heat and air conditioning in season (the cost of season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to be paid Tenant between the hours (the "Building -------- Operating Hours") of 7:00 A.M. and 6:00 P.M., Monday through Friday, --------------- and 8:00 A.M. and 1:00 P.M., Saturday, excluding the following holidays (or the day observed in lieu thereof by national banks): New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day (collectively, the "Holidays"). -------- Upon request of Tenant and other tenants of the Complex made in accordance with the Project Rules (defined in Section 6(c)(3) during Normal Business 5.7), Landlord will furnish air conditioning, ventilating and heating at times other than Building Operating Hours, and in which event Tenant shall pay Landlord the cost then current charges incurred by Landlord to provide such services. As of the Effective Date, the after hour HVAC charge is $35.00 per hour per floor: however such service during other than Normal Business Hours charge is subject to be paid as set forth increase by Landlord based upon actual increases in Section 9(a)(8))costs that Landlord may incur. (2iii) Routine maintenance and electric lighting service for all Common Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class conditionBuilding. (3iv) Janitorial service, service on a five (5) days day per weekweek basis (excluding the Holidays) in accordance with the janitorial specifications attached hereto as Exhibit E (the "Janitorial Specifications"); provided, exclusive --------- ------------------------- however, if Tenant's leasehold improvements (including floor coverings) are other than Building Standard Improvements, include a lunchroom, coffee bar or other similar facility for its employees or otherwise require special or additional cleaning in excess of Normal Business Holidaysthe Building Standard Services, Tenant shall pay the actual additional cleaning cost, if any, incurred by Landlord as the result thereof plus a charge equal to ten percent (10%) of such additional costs for administrative cost recovery. Landlord specifically reserves the right to modify the Janitorial Specifications as in its judgment shall from time to time be required for the safety, protection and cleanliness of the Project, the operation thereof, the preservation of good order therein or the protection and comfort of other tenants of the Project and their employees, agents and guests: however, the Janitorial Specifications as modified will be of substantially the same quality level as those described in Exhibit E and Landlord agrees to --------- furnish Tenant with notice of any such modifications. (v) Sufficient electrical capacity transformed to a panel box located in the core of each floor of the Leased Premises for (A) machines of low electrical consumption at standard voltage (120 volts, single-phase) to the extent that the total demand load at 100% capacity of said machines of low electrical consumption does not exceed two (2) watts per square foot of Usable Area, and (B) lighting and equipment ▇▇ ▇igh voltage (277 volts, single-phase) to the extent that the total demand load at 100% capacity of said lighting and equipment does not exceed two (2) watts per square foot of Usable Area (each such rated electrical des▇▇▇ ▇oad to be hereinafter referred to as the "Building -------- Standard Rated Electrical Design Load"). ------------------------------------- Should Tenant's non-linear electrical load (created by equipment such as personal computers, television sets, laser printers, copiers or other electronic devices connected to the power system) result in harmonic distortion conditions which cause any adverse effects in the Project, including but not limited to, deration of any transformer, distribution stepdown transformer failures, overheating or melting of neutral conductors, or malfunctioning of various electronic components. Tenant acknowledges that Tenant, at Tenant's sole cost, shall be obligated to eliminate such harmonic distortion conditions and to repair any damage which results from such harmonic distortion within thirty (30) days of Landlord's request. If Tenant fails to eliminate such harmonic distortion and repair such damage caused thereby within such thirty (30) day period, Landlord, at its option, may make such corrections deemed necessary by Landlord to eliminate such harmonic distortion and make such repairs, and Tenant shall pay to Landlord on demand Landlord's cost thereof plus a level comparable charge equal to that provided fifteen percent (15%) of such costs for administrative cost recovery. Tenant shall cause Tenant's electrical system serving any equipment producing non-linear electrical loads to be designed to accommodate such non-linear electrical loads, including but not limited to, over-sizing neutral conductors, derating transformers and/or providing power line filters. Any Tenant plans shall include a calculation of Tenant's fully connected design load with and without demand factors and shall indicate the number of watts of un-metered and sub-metered loads. If Tenan▇'▇ ▇lectrical equipment and lighting require electrical circuits, transformers or other additional equipment in similar first class office buildings within a three (3) mile radius excess of Tenant's pro rata share of the Building's electrical or HVAC systems (which additional equipment shall be hereinafter referred to as the "Additional Electrical --------------------- Equipment"), Tenant may (at Tenant's cost, including the cost to design, --------- install, maintain and replace the Additional Electrical Equipment [including the meters]) install the same, provided such installation is compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or other tenants of the Building and will not be burdensome to the Project or to Landlord, in Landlord's opinion, and Tenant shall pay all operating costs related to that requirement (including, without limitation, the cost of electricity, water or other services consumed through, or in connection with, the Additional Electrical Equipment). The method of design and installation of any Additional Electrical Equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and shall be performed by Landlord at Tenant's sole cost (including a charge equal to ten percent (10%) of such cost for the review and installation of such Additional Electrical Equipment for administrative cost recovery). Tenant shall pay to Landlord the cost of electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by meter, or if not metered, as otherwise reasonably estimated by Landlord, plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Landlord may cause the entire Leased Premises to be separately metered (at Tenant's expense, including, without limitation, the cost of installing, maintaining, repairing and replacing such meters to the extent necessary), in which event Tenant shall pay the actual cost of electricity consumed by Tenant. (4vi) All Building Standard fluorescent bulb replacement in all areas of the Project and all incandescent bulb and ballast replacement in the PremisesCommon Areas on floors on which the Leased Premises are located not leased entirely by Tenant, the General Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5vii) Limited Perimeter access to control for the Building (or to the floor on which the Premises are located) Project during hours other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to TenantBuilding Operating Hours; PROVIDED, its employeesHOWEVER, agentsLANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, contractorsAND SHALL NOT BE LIABLE TO TENANT, inviteesITS AGENTS, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)EMPLOYEES, or for damages done by unauthorized persons in the Premises or on the ComplexCONTRACTORS, VISITORS OR INVITEES FOR, LOSSES DUE TO THEFT OR BURGLARY, OR FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY DONE BY PERSONS GAINING ACCESS TO THE LEASED PREMISES OR THE PROJECT, EXCEPT TO THE EXTENT CAUSED BY LANDLORD'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND TENANT HEREBY RELEASES LANDLORD FROM ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY LANDLORD'S NEGLIGENCE. Tenant shall cooperate fully in Landlord’s 's efforts to maintain access control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. (6viii) Proper facilities Non-exclusive multiple cab passenger elevator service to the Leased Premises during Building Operating Hours, with passenger elevator service to the Leased Premises by at least one (1) cab twenty-four (24) hours per day, and non-exclusive freight elevator service to the Leased Premises during Building Operating Hours with such freight elevator service available at other times upon reasonable prior notice (however, all of the foregoing shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems). In the event Tenant desires Landlord to provide any of the aforementioned services (including heating and air-conditioning) in amounts in excess of Building Standard Services or in addition to the Building Operating Hours, and provided such services are compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or other tenants of the Building and are not burdensome to the Project or to Landlord, in Landlord's opinion, and so long as an Event of Default is not in existence, Landlord may elect (but is not required) to provide such excess or additional services and Tenant shall pay Landlord as additional rent hereunder the cost of providing such excess or additional services, including without limitation, design, metering, installation and operating costs plus a charge equal to ten percent (10%) of such costs for administrative cost recovery. (b) To the extent the services described in Section 4.1(a) require electricity, water, gas, steam or other utility services supplied by public utilities, Landlord's covenants hereunder shall impose on Landlord only the obligation to use its good faith, reasonable efforts to cause the applicable public utilities to furnish (A) Building Standard lightingthe same. Landlord shall not be responsible for, and shall have no liability with respect to, the quality or condition of any services provided by such public utilities. (Bc) sufficient electrical power for normal office machines Failure by Landlord to any extent to furnish any of the aforementioned services to Tenant, the Leased Premises or the Project, or any cessation (including electric typewritersany partial curtailment) thereof, desk-top computer facilities and desk-top word processing facilitiesshall not render Landlord liable in any respect for damages to person, property or otherwise, nor to be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any of the equipment or machinery utilized in supplying the services listed herein break down, or for any cause cease to function properly, such failure shall not work as an abatement of Rent, nor be construed as an eviction of Tenant, nor relieve Tenant from fulfilling any covenant or agreement contained herein, nor render Landlord liable for damages; provided, however, that should any of such services be interrupted or terminated as a result of Landlord's negligence but not as the result of (i) curtailment in services imposed by any Governmental Authority, (ii) failure of the public utilities to furnish necessary services, or (iii) Tenant's negligence, gross negligence or willful misconduct (a "Service Interruption") and if, as a result of such Service Interruption, the -------------------- Leased Premises (or any part thereof) is untenantable, and such Service Interruption continues for a period of five (5) or more consecutive Business Days after Tenant delivered written notice to Landlord of such Service Interruption, then all Rent including, without limitation, Base Rental and Base Rental Adjustment shall abate as to those portions of the Leased Premises rendered untenanta▇▇▇ ▇rom and including the sixth (6th) Business Day after Landlord's receipt of such written notice from Tenant and shall continue until such space is again tenantable. The foregoing rental abatement shall constitute Tenant's sole and exclusive remedy involving or with respect to a Service Interruption. Notwithstanding the foregoing, if a Service Interruption occurs as a result of or in connection with a fire or other machines casualty or a taking or condemnation for a public purpose (or a conveyance in lieu thereof), the foregoing rental abatement shall not be available to Tenant, and Landlord's and Tenant's rights and obligations with respect thereto are governed by the provisions of similar electrical consumption Section 6.1 in the case of a taking or condemnation (“Miscellaneous Power”).or a conveyance in lieu thereof) or Section

Appears in 1 contract

Sources: Lease Agreement (Zixit Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours. (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided consistent with the Janitorial specifications set forth in similar first class office buildings within a three (3) mile radius of the BuildingExhibit “L” attached hereto. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees or contractors of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s 's efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit "C". (6) Proper Electricity, air conditioning, and proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power and air conditioning for normal office machines (including electric typewriterscomputer servers and server rooms, PCs and other, desk-top computer facilities facilities, copiers, fax machines, and deskother server-top word processing facilitiesrelated equipment) and other machines of similar electrical consumption ("Miscellaneous Power"). Landlord will cause the temperature in the Premises to be maintained between 66° and 74° at all times during Normal Business Hours. In the event Landlord determines that Tenant will require, or is consuming, special lighting in excess of Building Electric Standard (as defined below) or Miscellaneous Power in excess of the Building Electric Standard, Tenant shall reimburse Landlord for the cost of any additional equipment, which Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs and Tenant’s Share of Taxes. (7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord or the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems. (8) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at the After Hours HVAC Rate; provided, however, there shall be a one (1) hour minimum charge when such service is requested and the After-Hours HVAC Rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service.

Appears in 1 contract

Sources: Office Lease Agreement (FSP Galleria North Corp)

Services to be Furnished by Landlord. (a) Landlord ▇▇▇▇▇▇▇▇ agrees to furnish Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within including the Premises approved by Landlord and provided solely for the use of Tenant and its employeeslunchroom), and central heat and air conditioning in season (the cost of season, at such service temperatures and in such amounts as are considered by Landlord to be paid standard or as required by Tenant governmental authority; provided, however, heating and air conditioning service at times other tenants of the Complex in accordance with Section 6(c)(3) during than for “Normal Business Hours” for the Building (which are 7:30 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, and exclusive of normal business holidays), shall be furnished to Tenant through the use of a card key system which automatically accesses the after hours HVAC system. Tenant shall bear the entire cost of additional service allocable to the Premises as such service during other than costs are determined by Landlord from time to time (but such costs shall not include depreciation, management fees or a mark-up beyond the actual estimated costs of the utility service). The initial cost of HVAC outside of Normal Business Hours to shall be paid as set forth in Section 9(a)(8))$62.50 per hour. (2b) Routine maintenance and electric lighting service for all Exterior Common Areas, Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial Janitor service, five (5) days per weekMondays through Fridays, exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial services at such times (including Normal Business HolidaysHours) as Landlord elects to have the necessary work performed; provided, at however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a level comparable manner as to that provided in similar first class office buildings within a three (3) mile radius not unreasonably interfere with Tenants’ use of the BuildingPremises. Janitorial specifications are attached as Exhibit “H” to the Lease. (4d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5f) Limited Landlord may elect to provide security in the form of limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysHours. Landlord No such security shall be provided during Normal Business Hours. Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall fully cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto thereto. Landlord shall provide Tenant and Tenant’s employees, at Tenant’s request, with exclusive keycard access to the Premises (up to 40 access cards – 4 per 1,000 square feet – shall be provided at no cost to Tenant; thereafter Tenant shall be required to pay Landlord’s cost for the cards). Initially and until further notice by Landlord to Tenant, the Building Holidays shall be: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Landlord may close the Building at 6:00 p.m. Monday through Friday and 12:00 p.m. on Saturday and all day Sunday and Building Holidays; after which are adopted hour, admittance may be gained only under such regulations as may from time to time be reasonably prescribed by Landlord, except that Tenant shall have access to the Premises 24 hours a day, 365 days a year. Landlord may also close the Building in accordance with Exhibit “C”. (6) Proper facilities the event of an emergency or casualty but, subject to the other provisions of this Lease, for as short a period of time as is reasonable under the circumstances. The failure by Landlord to any extent to furnish or the interruption or termination of these defined services in whole or in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. In the event services are interrupted and continues for more than five (A5) Building Standard lightingdays after written notice by ▇▇▇▇▇▇, and (B) sufficient electrical power Tenants rental obligation shall be abated till such time as services are restored only if Tenant does not have business interruption insurance. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines Tenant shall have no claim for offset or abatement of similar electrical consumption (“Miscellaneous Power”)rent or damages on account of an interruption in service occasioned thereby or resulting therefrom unless such damage is the result of the negligent act or omission of Landlord, its agents, contractors or employees but subject to the waiver of subrogation rights set out below if the Tenant’s damages are covered by insurance.

Appears in 1 contract

Sources: Lease Agreement (Healthequity Inc)

Services to be Furnished by Landlord. (a) So long as Tenant has not committed an uncured event of default under this Lease, Landlord agrees to furnish Tenant the following servicesservices to the Premises: (1i) Facilities for hot Hot and cold water at those points of supply provided for general use of other the tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for “Normal Business Hours” for the Building (which are 7:00 AM to 6:00 PM Mondays through Fridays and 8:00 AM to 1:00 PM Saturdays, exclusive of normal business holidays) shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 PM at least one (1) business day in advance of the date such usage is requested. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to be paid time. (ii) Janitor service, five times weekly, exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefore by Landlord. (iii) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and other tenants occupancy of the Complex Premises. (iv) Elevator service. (v) Security in accordance with Section 6(c)(3) the form of limiting the general public’s access to the Building other than during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial serviceLandlord deems appropriate. Landlord, five (5) days per weekhowever, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, contractors or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. (6b) Proper facilities The failure by Landlord to any extent to furnish (Aor the interruption or termination of these defined services resulting, in whole or in part, from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant nor entitle Tenant to an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement or rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. c) Building Standard lightingExcept as otherwise expressly provided herein, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)Landlord shall not be required to make any repairs to the Premises.

Appears in 1 contract

Sources: Office Building Lease (CreditCards.com, Inc.)

Services to be Furnished by Landlord. (a) As a part of Operating Costs, Landlord agrees to shall furnish Tenant the following services: (1) Facilities for hot a. Tenant may have entry at all times to the Parking Garage by card key system or by such other method as is chosen by Tenant. Tenant shall have access to the Premises on a 24-7 basis, subject only to such security procedures as Tenant may elect from time to time. b. Tenant shall have full use of all elevators in the Building, subject to call. c. Hot and cold water at those points of supply provided for general use of other tenants in the Building Plans and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and Specifications; central heat and air conditioning as provided for in season (the Plans and Specifications, at such temperatures and in such amounts as are desired by Tenant consistent with the capacity of the HVAC facilities described in the Plans and Specifications. d. Routine maintenance and electric lighting service for all public areas and special service areas of the Project. e. Janitorial service as requested by Tenant from time to time. f. Electrical facilities and sufficient power for Tenant’s office equipment consistent with the capacities described in the Plans and Specifications. Any additional equipment, feeders or risers necessary to supply Tenant’s electrical requirements in excess of the amount to be provided by Landlord pursuant to this subsection shall be supplied by Landlord at the expense of Tenant, and only if such installations will not, in Landlord’s judgment, overload the electrical system of the Project or entail excessive or unreasonable alterations to the Project. g. Replacement of Building standard fluorescent bulbs in all areas and incandescent bulbs in the Building. Notwithstanding the foregoing, upon reasonable prior notice, Tenant may request modifications, cessation or additions to the services provided by Landlord and/or to the service providers being used, which such additions or modifications shall be included within Operating Costs. Upon any such request, Landlord agrees to use commercially reasonable efforts, at no cost to Landlord, to accommodate such request, provided that, Landlord shall always have the sole and exclusive right to appoint the property manager. Notwithstanding the foregoing, in the event that the property manager is not affiliated with ▇▇▇▇▇ Partners, LLC or ▇▇▇▇ ▇. ▇▇▇▇▇, Tenant shall have the right to request a change to the property manager at the end of the term of such service to be paid by Tenant and other tenants of property manager’s agreement (but in no event later than one (1) year after Tenant’s request), but only if the Complex Project is not being operated in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the a manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar other first class office buildings in the Nashville, Tennessee market (the “Operating Standard”), and if such failure is not cured within a three sixty (360) mile radius days after written notice to Landlord and the property manager, which notice specifies the ways in which the management of the BuildingProject does not meet the Operating Standard. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (Amsurg Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following servicesfollowing: (1a) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (the cost of season, at such service temperatures and in such amounts as are reasonably considered by Landlord to be paid standard or as required by Tenant governmental authority; provided, however, heating and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such air conditioning service during at times other than for Normal Business Hours for the Building shall be furnished only upon the request of Tenant delivered to Landlord at any time pursuant to the Building's computerized system for such purposes. Tenant shall bear the entire cost of additional service, as such costs are determined by Landlord from time to time, and shall pay the same as additional Rent upon presentation of a statement therefor by Landlord. The additional air conditioning or chilled water consumption shall be paid determined as set forth measured by BTU meters and submeters installed and maintained in Section 9(a)(8))good order and repair at Tenant's expense. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial Janitor service, five (5) days per week, exclusive of Normal Business Holidaysnormal business holidays; provided, at however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional Rent upon presentation of a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingstatement therefor by Landlord. (4d) Subject to the provisions of Paragraph 12, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard Grade fluorescent bulb replacements in the Premises necessary to maintain the lighting provided as a part of the Shell Improvements and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5f) Limited Landlord shall provide limited access to the Building (or to the floor on which the Premises are located) during other than before and after Normal Business Hours through in the use form of master special limited access entry cards and/or keys("Entry Cards") for Tenant and its employees. An Entry Card shall not automatically qualify Tenant or any of its employees for an access card to the "Parking Garage" as defined in and pursuant to the terms of EXHIBIT "F". Landlord shall have no liability agrees to Tenantprovide Tenant with up to, its employeesbut not in excess of, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).six

Appears in 1 contract

Sources: Office Lease Agreement (Benz Energy LTD /Can/)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: (1) Facilities Water service for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located; (2) during HVAC and related services as follows: central ventilation, heat and air conditioning in season at such times and at temperatures and humidity levels and in the amounts set forth on Exhibit G (subject to modification in hours of operation, temperatures or otherwise to the extent required to comply with Laws or the mandatory requirements of the applicable public utility). Landlord will provide HVAC service at times other than Normal Business Hours through on the request of Tenant, at rates equivalent to the cost of providing such service, including depreciation of the HVAC equipment, (without any ▇▇▇▇-up or management fee); (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the specifications described on the attached Exhibit H. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X and the following requirements: a. The electrical service provided by the electrical user system shall provide a minimum of six ▇▇▇▇▇ per rentable square foot for Tenant’s lighting and receptacles in all areas (other than the trading area and computer areas), excluding HVAC equipment, special systems, miscellaneous electrical loads and elevator equipment requirements. b. Landlord shall provide a total of 20 ▇▇▇▇▇ per square foot to the trading floors and a total of 40 ▇▇▇▇▇ per square foot to computer areas; provided, however, pursuant to Article X.B of this Lease, Landlord may charge for excess usage beyond Normal Business Hours or beyond overall load standard for the Building. It should be noted that the above power requirements for the trading floors and the computer room do not include the power required for the mechanical system to cool such spaces. The indicated requirements are for lighting and equipment power only. (7) Building standard lamps and ballasts and all replacements thereto in the Premises, and all lamps and ballasts and replacements thereof in all portions of the Common Areas (including all Skyways, elevator lobbies, toilet and restroom areas and stairwells). All such lamps, ballasts, and replacements at all times shall be owned by Landlord and shall be in conformance with the base Building standard items; (8) Security guards and/or equipment on a twenty-four (24) hour-per-day, seven (7) day-per-week basis to maintain security for the Building commensurate with other first class buildings in the Minneapolis Central Business District. Upon request, Building security staff will provide escort services to all locations within the Building, including the Parking Garage; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Notwithstanding anything herein to the contrary, Landlord will furnish the foregoing services at least at levels commensurate with a Class “A” multi-tenant office building in the Minneapolis Central Business District; provided that this sentence shall not be deemed to limit or otherwise restrict Landlord, in its reasonable business judgment, from providing the foregoing services at levels which may be in excess of such Class “A” standard. B. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is made untenantable for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s trade fixtures, equipment, furniture or other personal property within the Premises (“Tenant’s Property”), arising out of or in connection with the failure of any security services, personnel or equipment. C. Subject to the other terms and conditions of this Lease, Landlord will provide Tenant with access to the Premises, twenty-four (24) hours a day, seven (7) days per week. Landlord shall, without cost to Tenant, also provide to Tenant security cards or other devices necessary to gain access to the Building, floors on which the Premises are located, the Parking Garage and areas of the Building where any Storage Rooms or Auxiliary Rooms are located, in number not less than the number from time to time of employees of Tenant or Approved Users. Any lost, stolen or misplaced cards shall be replaced by Landlord at Tenant’s expense. As of the Effective Date, Tenant has one office on which Tenant has installed its own lock for which Tenant retains the key (the “Secured Area”); provided, however, the Secured Area is on the Building’s key system. At all times during the Lease Term, the Secured Areas will have locks and/or key pads consistent with Building’s key system and Landlord shall, at all times, have a key or access code to such Secured Areas. Tenant shall surrender all keys to the Secured Area to Landlord at the end of the Term. Notwithstanding the fact that Landlord will retain keys and/or access codes to the Secure Area, in a non-emergency situation Landlord shall contact Tenant, and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to have access to the Secured Area. Landlord shall comply with all reasonable security measures established by Tenant pertaining to the Secured Area. If Landlord determines in its reasonable discretion that an emergency in the Building or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to enter the Secured Area, without prior notice to or being accompanied by Tenant, by any means determined by Landlord, acting reasonably. Landlord will use commercially reasonable efforts to minimize the damage to or interference with the Secured Area and/or Premises in the event of master entry cards and/or keysan emergency. Landlord shall have no liability obligation to Tenant, its employees, agents, contractors, invitees, provide either janitorial service or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons cleaning in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Secured Area. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Piper Jaffray Companies)

Services to be Furnished by Landlord. (a) Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following servicesservices at a level reasonably consistent with comparable class A office buildings: (1) Facilities for hot and cold . Cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (the cost of season, at such service temperatures and in such amounts as are considered by Landlord to be paid standard for buildings of similar class, size, age and location, or as required by Tenant governmental authority; provided, however, heating and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such air conditioning service during at times other than for Normal Business Hours for the Building shall be furnished to be paid Tenant upon Tenant's initiation of the heating and air conditioning system after Normal Business Hours through use of Tenant's security access key. Tenant shall pay Landlord, upon demand as set forth in Section 9(a)(8)). additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time. Landlord's charge for after hours HVAC services for the first two (2) years of the initial Lease Term shall be $45.00 per hour, per zone. 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard for buildings of similar class, size, age and location. 3. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit G or such other comparable specifications designated, from time to time, by Landlord; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (3i) Janitorial serviceretain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. 4. Elevator service in common with other tenants of the Building for ingress and egress to and from the floor of the Premises during Normal Business Hours, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing the Premises shall be available for the use of Tenant, twenty-four (24) hours a day, 365/6 days per year. B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if (i) Landlord ceases to furnish any service In the Building, and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof; is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius business day period based upon the percentage of the Building. (4) All Building Standard fluorescent Premises so rendered untenantable and incandescent bulb not used by Tenant, and ballast replacement such abatement shall continue until the date the Premises become tenantable again. Should any of the equipment or machinery used in the Premisesprovision of such services for any cause cease to function properly, the Common Areas and the Service AreasLandlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall be charged have no claim for offset or abatement of Rent or damages on account of an interruption in service or resulting therefrom. Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access 's entire obligation with respect to the Building (or to the floor on which repair and maintenance of the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. set forth above. C. Tenant expressly acknowledges that If Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have no liability warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to Tenant, its employees, agents, contractors, inviteesprevent or control, or licensees for losses due to theft apprehend any one suspected of personal injury or burglary (other than theft property damage in, on or burglary committed by employees of Landlord), or for damages done by unauthorized persons in around the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Property. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Sublease Agreement (Ritz Interactive, Inc.)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided prior reasonable consent of Landlord, may install a hot water heater in the PremisesoTenant shall be solely responsible for the use maintenance and repair of Tenant and its employees, and central any such water heater. (2) Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the cost of such event that Tenant requires central heat, ventilation or air conditioning service during at times other than Normal Business Hours Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. The after hour cost of HVAC is currently $60 per three (3) hour block for the Premises. . All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval, not to be unreasonably withheld . The cost of operation and maintenance of such additional equipment shall be the responsibility of the Tenant and paid to Landlord as set forth in Section 9(a)(8))Additional Rent. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. Janitorial services are provided at the end of the Business Day after Normal Business hours.Window washing is done annually. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited access Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdeems appropriate. Tenant shall cooperate fully in Landlord’s 's efforts to maintain access control access in to the Building and shall follow all reasonable regulations promulgated by Landlord with respect thereto which are adopted thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in accordance any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Project. Key cards will be provided based on tenant’s head count. Landlord will provide the intial cards with Exhibit “C”replacement cards at Tenant’s cost (currently $12 per card). (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish (A) Building Standard lightingTenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery Notwithstanding the above, if any of the services described above or elsewhere in this Lease are interrupted, Landlord shall use reasonable diligence to promptly restore the same; provided, however, if as a result of any interruption of services caused soley by Landlord’s failure to maintain the property, and the entire Premises will be uninhabitable or unusable by Tenant for five (B5) sufficient electrical power consecutive business days, then Base Rent and Additional Rent shall be abated to the extent to which such condition interferes with Tenant’s use of the Premises commencing on the first day of such condition and continuing until such condition is corrected. If such interruption of services is not caused by Landlord’s failure to maintain the property, there shall be no Base Rent and Additional Rent abatement. However, neither the interruption nor cessation of such services, nor the failure of Landlord to restore same, shall render Landlord liable for normal office machines (including electric typewritersdamages to person or property, desk-top computer facilities and desk-top word processing facilities) and or be construed as an eviction of Tenant, or work an abatement of Rent or relieve Tenant from fulfilling any of its other machines of similar electrical consumption (“Miscellaneous Power”)obligations hereunder.

Appears in 1 contract

Sources: Office Lease (Great Basin Scientific, Inc.)

Services to be Furnished by Landlord. A. Landlord shall furnish the following services: (ai) heating and air conditioning during Normal Business Hours to provide a temperature condition required, in Landlord’s reasonable judgment, for comfortable occupancy of the Premises under normal business operations; (ii) water for drinking and, subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed, water at Tenant’s expense for any private restrooms and office kitchen requested by Tenant; (iii) janitorial service in the Premises and Common Areas five (5) days a week (excluding holidays); (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this Lease; and (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord. B. If Tenant requests any other utilities or Building services in addition to those identified in Section 6A, or any of the above utilities or Building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord agrees for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or Building services. Landlord may impose a reasonable charge for such additional utilities or Building services, which shall be paid monthly by Tenant as Additional Rent on the following services: (1) Facilities same day that the monthly installment of Base Rent is due after written notification from Landlord of the amount of such charge. Landlord’s current charge for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat heating and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during hours other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas is $10.00 per hour per zone, plus applicable taxes. Each floor of the Building contains approximately eleven (11) such zones. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes shall not render Landlord liable in any respect nor be construed as an actual or constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. D. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service described in Section 6A in the manner Premises and to Common Areas necessary for use of the extent necessary to maintain the same Premises for a period in first class condition. (3) Janitorial service, excess of five (5) days per weekconsecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, exclusive of Normal Business Holidaysthe Premises or a material portion thereof, at a level comparable is rendered untenantable and Tenant in fact ceases to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in use the Premises, the Common Areas and the Service Areasor material portion thereof, provided Tenant then Tenant, as its sole remedy, shall be charged Landlord’s standard Building charge for all replacements entitled to receive an abatement of same Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive Business Day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)so rendered untenantable and not used by Tenant. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Lpath, Inc)

Services to be Furnished by Landlord. Provided Tenant is not in Default under any of the provisions of this Lease beyond any applicable notice and cure period, and subject to reimbursement pursuant to Section 4.2 above, Landlord shall provide the following services, some of which shall only be provided during standard hours of operation of the Building as specifically noted below. The standard hours of operation are 6 a.m. to 6 p.m., Monday through Friday, and 8 a.m. to 1 p.m., on Saturdays. Subject to Landlord’s approval, which approval shall not be unreasonably withheld, the standard hours of operation with respect to the services provided to the Building only during the standard hours of operation may be expanded by Tenant provided that (a) Landlord shall not be obligated to operate the Building HVAC system 24 hours a day on a continuous basis; however there will be times that Tenant will rquire HVAC service to the Building during non-standard hours of operation and Landlord agrees to furnish provide such service to Tenant during such non-standard hours of operation, and (b) Tenant shall pay Landlord directly for all increases in Operating Expenses attributable to Landlord’s provision of services during such expanded hours. Notwithstanding anything herein to the following services:contrary, the parties agree that the cooling unit(s) serving Tenant’s server room(s) will operate on a 24 hour per day basis. (1) Facilities for hot 7.2.1 Public utilities, including but not limited to electricity, sewer, water and telecommunication connectivity shall be furnished to the Premises during all hours and not just during standard hours of operation; 7.2.2 Hot and cold water at those points of supply provided for general use the Building shall be furnished during all hours and not just during standard hours of operation, central heat, ventilation and air conditioning shall be provided at such times as Landlord normally furnishes these services to other tenants in the Building Project (but in no event less than during the standard hours of operation) and at temperatures and in amounts as necessary to are considered standard for first class office buildings in ▇▇▇▇▇▇▇, but this service any kitchen facilities and restrooms within at times during the Premises approved by Landlord and provided solely weekdays at other than standard hours of operation for the use Project, on Saturday afternoons, Sundays and holidays shall be furnished only upon request of Tenant and its employeesTenant, and central heat and air conditioning in season (who shall bear the cost of such service to be paid entire costs thereof; 7.2.3 Unless otherwise provided by Tenant pursuant to Section 7.3 below, routine maintenance, painting and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such electric lighting service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas the Building, consistent with the operation and maintenance of the Building as a first-class office building in the manner and ▇▇▇▇▇▇▇; 7.2.4 Unless otherwise provided by Tenant pursuant to the extent necessary to maintain the same in first class condition. (3) Janitorial serviceSection 7.3 below, janitorial service on a five (5) days day week basis, excluding Fridays, Saturdays, and legal holidays; 7.2.5 Electrical facilities at the Premises shall be capable of providing Tenant with (i) sufficient power for typewriters, personal computers and other small office machines of similar low electrical consumption, but not including electricity required for electronic data processing equipment, special lighting in excess of building standard, and any other item of electrical equipment which (itself) consumes more than .5 kilowatts per weekhour at rated capacity or requires a voltage other than 120 volts single phase per square foot; (ii) and shall otherwise be consistent with the specifications set forth in the bid documents for the Work as approved by Tenant. The existing air conditioning system serving the Premises will be supplemented with a separate system to provide HVAC service to the Server Rooms (described in the attached Work Letter); and 7.2.6 Tenant acknowledges and agrees that, exclusive of Normal Business Holidays, at a level comparable while Landlord may in its sole and absolute discretion engage security personnel to that provided in similar first class office buildings within a three (3) mile radius patrol the exterior of the Building. (4) All Building Standard fluorescent or the Project, Landlord is not providing any security services with respect to the Premises and incandescent bulb that Landlord, except to the extent caused by Landlord’s gross negligence, shall not be liable to Tenant for, and ballast replacement Tenant waives any claim against Landlord with respect to, any loss by theft or any other damage suffered or incurred by Tenant in connection with any unauthorized entry into the Premises by any third party or any other breach of security with respect to the Premises, the Common Areas and Building or the Service AreasProject. Tenant hereby agrees to the exercise by Landlord, provided Tenant shall be charged Landlord’s standard within its reasonable discretion, of such security measures as, but not limited to, the evacuation of the Premises, the Building charge or the Project for all replacements cause, suspected cause or for drill purposes, the denial of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited any access to the Premises, the Building or the Project and other similarly related actions that it deems necessary to prevent any threat of property damage or bodily injury. Provided such actions are reasonably necessary and appropriate, the exercise of such security measures by Landlord, and the resulting interruption of service and cessation of Tenant’s business, if any, shall not 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 any resulting damages or relieve Tenant from Tenant’s obligations under this Lease. 7.2.7 Landlord shall, at Tenant’s expense, maintain and repair all of the HVAC systems serving the Premises. In the event Tenant desires any of the aforementioned services in amounts in excess of those described above or generally considered “standard” in a single occupant first class office building and in the event Landlord elects to provide these additional services, Tenant shall pay Landlord as Additional Rent hereunder the reasonable cost of providing these additional services. Tenant will have the right to operate the Building HVAC system for periodic intervals after standard hours by utilizing an override switch. Failure by Landlord to any extent to furnish any of the above services, or any cessation thereof, resulting from causes beyond the control of Landlord, shall not render Landlord liable in any respect for damages to either person or property, nor shall that event be construed as an eviction of Tenant, nor result in an abatement of Rent, nor relieve Tenant from any of Tenant’s obligations hereunder (including, but not limited to, the payment of Rent). Should any of the equipment or machinery utilized in supplying the services listed herein for any cause cease to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. function properly, Landlord shall have no liability use reasonable diligence to Tenant, its employees, agents, contractors, invitees, repair that equipment or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”machinery promptly. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Concur Technologies Inc)

Services to be Furnished by Landlord. Landlord covenants and agrees with Tenant: (a) Landlord agrees To furnish the electricity, gas and water utilized in operating any and all facilities serving the Premises, except as otherwise provided herein; routine maintenance; painting; electric-lighting service for all public areas and special service areas of the Building in the manner and to the extent considered to be standard for similar commercial office space. (b) To furnish Tenant Tenant, while occupying the following servicesPremises: (1i) Facilities for hot and cold water Water at those points of supply provided for general use of other tenants in the Building Building; Central Heat and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesAir Conditioning in season, and central heat at such times Landlord normally furnishes these services to other Tenants in the Building (see Exhibit "B"), and air conditioning at such temperatures and in season (the cost of such service amounts as are considered to be paid by Tenant standard for similar commercial office space and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hourssubject to Government regulations, and the cost of such laws, edicts, etc. Landlord will furnish janitorial service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))Exhibit "C". (2ii) Routine maintenance Proper electrical facilities and electricity for all Common Areas normal lighting and Service Areas typewriter, voice writers, recording equipment, calculating machines and other machines of similar low electrical consumption; provided, however, that Tenant shall bear the Building utility costs occasioned by lighting in the manner excess of standard use amounts of other similar office buildings, and to the extent necessary to maintain the same in first class conditionelectrodata processing machines, computers, duplicating equipment, and similar machines of high electrical consumption, including air conditioning and wiring costs attributable thereto. (3c) Janitorial serviceTo furnish Tenant, five free of charge, with two (52) days per weekkeys for each corridor door entering the Premises, exclusive of Normal Business Holidays, and additional keys will be furnished at a level comparable to that provided in similar first class office buildings within a three (3) mile radius reasonable charge by Landlord on an order signed by Tenant or Tenant's authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of the BuildingPremises and Tenant shall not make, nor permit to be made, any duplicate keys, except those furnished by Landlord. Upon termination of this Lease, Tenant shall surrender to Landlord all keys of the Premises, and give to Landlord the explanation of the combinations of all locks for safes, safe cabinets, and vault doors, if any, in the Premises. (4d) All Landlord shall use its best efforts to maintain customary Building Standard fluorescent security and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited control access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Building, but Landlord shall have no liability not be liable to Tenant, its employees, agents, contractors, invitees, or licensees Tenant for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons on the Premises unless due to Landlord's willful act. Tenant shall be allowed to install a security system in the Premises or on the Complex. Tenant shall cooperate fully in at Tenant's expense, subject to Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”'s prior written consent. (6e) Proper facilities Landlord will provide operator-less automatic passenger elevator service in common with Landlord and other tenants daily during standard Building operating hours. Landlord does not warrant that any defined service will be free from interruptions resulting from repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, accidents, inability to obtain fuel, steam, water or supplies or other causes beyond the reasonable control of Landlord. Should any of the equipment or machinery break down, or for any reason cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Failure by Landlord to any extent to furnish these defined services, or any cessation thereof, shall not render Landlord liable in any expect for damages to either person or property, nor work abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Notwithstanding the foregoing, should utility service to the Premises be interrupted for more than five (A5) Building Standard lightingconsecutive business days (the "Service Interruption Period"), and for any reason within Landlord's control, Tenant's Rent shall be abated for any period beyond the Service Interruption Period until all utility services to the Premises are completely restored. Should utility services to the Premises be interrupted for more than fifteen (B15) sufficient electrical power consecutive business days, for normal office machines any reason within Landlord's control, then this Lease will become terminable by Tenant for fifteen (including electric typewriters15) days thereafter effective immediately upon Tenant's written notice to Landlord of its election to terminate. Tenant shall, desk-top computer facilities and desk-top word processing facilitieswithin thirty (30) and other machines days from the termination of similar electrical consumption (“Miscellaneous Power”)the Lease, pay remaining Rent due under the Lease, if any, through the end of the Service Interruption Period.

Appears in 1 contract

Sources: Office Lease Agreement (Md Healthshares Corp)

Services to be Furnished by Landlord. (a) Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services: (1) Facilities for hot and cold . Cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hoursthe specifications attached hereto as Exhibit G, or as required by governmental authority; provided, however, heating and the cost of such air conditioning service during at times other than Normal Business Hours for the Building shall be available to Tenant, on a per floor basis, by means of a Electronic Security Card Key system, based on a two hour minimum at the initial rate of $30.00 per hour. Such $30.00 per hour rate shall be paid subject to rate adjustments from time to time in direct proportion to T.U. Electric (or such other utility company supplying electricity to the Building) rate adjustments to the Building. Tenant shall pay Landlord, upon demand as set forth in Section 9(a)(8))additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time. (2) . Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to be standard for buildings of similar class, size, age and location. 3. Janitor service on Business Days in accordance with the specifications attached hereto as Exhibit H, or such other comparable specifications as Landlord may specify; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. Landlord shall clean and maintain the same entrance lobby and all public areas of the Building and Parking Garage in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar manner suitable for first class office buildings within a three (3) mile radius in Dallas, Texas. 4. Elevator service in common with other tenants of the BuildingBuilding for ingress and egress to and from the floor of the Premises during Normal Business Hours. 5. Clean the exterior windows of the Premises at least twice a year. B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (4as hereinafter defined) All Building Standard fluorescent or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service or resulting therefrom. Landlord's entire obligation with respect to the repair and incandescent bulb maintenance of the Premises are set forth above. Notwithstanding anything to the contrary contained in this Section VII.B. If (i) Landlord ceases to furnish any service in the Building, and ballast replacement Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the Common Areas first (1st) business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the Service Areasdate Tenant provides Landlord with an Interruption Notice, provided Tenant the Base Rental and Additional Base Rental payable hereunder shall be charged Landlord’s standard abated on a per diem basis based upon the percentage of the Premises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. C. The Building will include a security system restricting access after normal business hours to the Building to only those tenants of the Building using magnetic coded cards and restricting access via the elevators to Tenant's exclusive floors within the Building to only those persons using magnetic coded cards issued to persons authorized by Tenant. Magnetic coded entry cards shall be issued to Tenant's employees without charge to Tenant or its employees; however, Landlord may charge to Tenant the reasonable cost of reissuing replacements for all replacements of same lost or damaged cards. Landlord shall furnish to Tenant monthly (unless sooner requested in the event of a breach of security), at Landlord's actual cost, if any, a computer printout of the log showing by card numbers the date and time of entry by persons to the Leased Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited those hours when access to the Building (or Premises is restricted. Notwithstanding anything herein to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. contrary, Tenant expressly acknowledges that Landlord shall not be deemed to have no liability warranted the efficiency of any such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to prevent or control, or apprehend any one suspected of personal injury or property damage in, on or around the Property. Upon receipt of notice from Tenant, its employeeswith respect to a malfunction of the security system, agentsLandlord, contractorsas part of Basic Costs, invitees, or licensees for losses due shall promptly take whatever action is reasonably necessary to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons correct such malfunction in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”security system. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Diversified Corporate Resources Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to shall furnish Tenant during Tenant's occupancy of the Leased Premises the following servicesBuilding standard services (the "Building Standard Services") so long as an Event of Default has not occurred: (1i) Facilities for Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central Building. (ii) Central heat and air conditioning in season (the cost of season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to be paid Tenant between the hours (the "Building Operating Hours") of 7:00 A.M. and 6:00 P.M., Monday through Friday, and 7:00 A.M. and 1:00 P.M., Saturday, excluding the following holidays (or the day observed in lieu thereof by Tenant and other tenants the government of the Complex United States): New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other holidays as may be designated by prior written notice by Landlord (collectively, the "Holidays"). Upon request of Tenant made in accordance with the Project Rules (defined in Section 6(c)(3) during Normal Business 5.7), Landlord will furnish air conditioning, ventilating and heating at times other than Building Operating Hours, and in which event Tenant shall pay Landlord the cost then current charges incurred by Landlord to provide such services. As of the Effective Date, the after hour HVAC charge is $35.00 per hour per floor; however such service during other than Normal Business Hours charge is subject to be paid as set forth increase by Landlord based upon actual increases in Section 9(a)(8))costs that Landlord may incur. (2iii) Routine maintenance and electric lighting service for all Common Areas on floors on which the Leased Premises are located not leased entirely by Tenant, General Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class conditionBuilding. (3iv) Janitorial service, service on a five (5) days day per weekweek basis (excluding the Holidays); provided, exclusive however, if Tenant's leasehold improvements (including floor coverings) are other than Building Standard Improvements, include a lunchroom, coffee bar or other similar facility for its employees or otherwise require special or additional cleaning in excess of Normal Business Holidaysthe Building Standard Services, Tenant shall pay the actual additional cleaning cost, if any, incurred by Landlord as the result thereof plus a charge equal to five percent (5%) of such additional costs for administrative cost recovery. (v) Sufficient electrical capacity transformed to a panel box located in the core of each floor of the Leased Premises for (A) machines of low electrical consumption at standard voltage (120 volts, single-phase) to the extent that the total consumption of said machines of low electrical consumption does not exceed three and twenty-five hundredths (3.25) ▇▇▇▇▇ per square foot of Rentable Area, and (B) lighting and equipment at high voltage (277 volts, single-phase) to the extent that the consumption of said lighting and equipment does not exceed two (2) ▇▇▇▇▇ per square foot of Usable Area (each such rated electrical design load to be hereinafter referred to as the "Building Standard Rated Electrical Design Load"). Should Tenant's non-linear electrical load (created by equipment such as personal computers, television sets, laser printers, copiers or other electronic devices connected to the power system) result in harmonic distortion conditions which cause any adverse effects in the Project, including but not limited to, deration of any transformer, distribution stepdown transformer failures, overheating or melting of neutral conductors, or malfunctioning of various electronic components, Tenant acknowledges that Tenant, at Tenant's sole cost, shall be obligated to eliminate such harmonic distortion conditions and to repair any damage which results from such harmonic distortion within thirty (30) days of Landlord's request. If Tenant fails to eliminate such harmonic distortion and repair such damage caused thereby within such thirty (30) day period, Landlord, at its option, may make such corrections deemed necessary by Landlord to eliminate such harmonic distortion and make such repairs, and Tenant shall pay to Landlord on demand Landlord's cost thereof plus a level comparable charge equal to that provided ten percent (10%) of such costs for administrative cost recovery. Tenant shall cause Tenant's electrical system serving any equipment producing non-linear electrical loads to be designed to accommodate such non-linear electrical loads, including but not limited to, over-sizing neutral conductors, derating transformers and/or providing power line filters. The Tenant Working Drawings (defined in similar first class office buildings within Exhibit C-1) shall include a three (3) mile radius calculation of Tenant's fully connected design load with and without demand factors and shall indicate the number of ▇▇▇▇▇ of un-metered and sub-metered loads. If Tenant's electrical equipment and lighting require electrical circuits, transformers or other additional equipment in excess of Tenant's pro rata share of the Building's electrical or HVAC systems (which additional equipment shall be hereinafter referred to as the "Additional Electrical Equipment"), Tenant may (at Tenant's cost, including the cost to design, install, maintain and replace the Additional Electrical Equipment [including the meters]) install the same, provided such installation is compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or other tenants of the Building and will not be burdensome to the Project or to Landlord, in Landlord's opinion, and Tenant shall pay all operating costs related to that requirement (including, without limitation, the cost of electricity, water or other services consumed through, or in connection with, the Additional Electrical Equipment). The method of design and installation of any Additional Electrical Equipment (including any related meter) required by Tenant shall be subject to the prior written approval of Landlord and shall be performed by Landlord at Tenant's sole cost (including a charge equal to five percent (5%) of such cost for the review and installation of such Additional Electrical Equipment for administrative cost recovery). Tenant shall pay to Landlord the cost of electricity consumed in excess of the Building Standard Rated Electrical Design Load as determined by meter, or if not metered, as otherwise reasonably estimated by Landlord, plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Landlord may cause the entire Leased Premises to be separately metered (at Tenant's expense, including, without limitation, the cost of installing, maintaining, repairing and replacing such meters to the extent necessary), in which event Tenant shall pay the actual cost of electricity consumed by Tenant. If the Leased Premises are separately metered, Tenant shall pay the actual cost of electricity consumed by Tenant and the Basic Cost Component set forth in Section 3.2(b)(i) of this Lease shall be reduced by an amount equal to Tenant's pro rata share on a Net Rentable Areas basis of the cost of providing Building Standard electrical service to all areas of the Project leased or held for lease for office or retail purposes (but not to Common Areas, General Common Areas or Service Areas in the Project) and, consequently, the Base Rental Rate set forth in Section 3.2(a) of this Lease shall also be reduced by an amount equal to Tenant's pro rata share of such costs on a Net Rentable Area basis. (4vi) All Building Standard (defined in Exhibit C-1) fluorescent bulb replacement in all areas of the Project and all incandescent bulb and ballast replacement in the PremisesCommon Areas on floors on which the Leased Premises are located not leased entirely by Tenant, the General Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5vii) Limited Perimeter access to control for the Building (or to the floor on which the Premises are located) Project during hours other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to TenantBuilding Operating Hours; PROVIDED, its employeesHOWEVER, agentsLANDLORD SHALL HAVE NO RESPONSIBILITY TO PREVENT, contractorsAND SHALL NOT BE LIABLE TO TENANT, inviteesITS AGENTS, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)EMPLOYEES, or for damages done by unauthorized persons in the Premises or on the ComplexCONTRACTORS, VISITORS OR INVITEES FOR, LOSSES DUE TO THEFT OR BURGLARY, OR FOR DAMAGES OR INJURY TO PERSONS OR PROPERTY DONE BY PERSONS GAINING ACCESS TO THE LEASED PREMISES OR THE PROJECT, AND TENANT HEREBY RELEASES LANDLORD FROM ALL LIABILITY FOR SUCH LOSSES, DAMAGES OR INJURY, EVEN IF CAUSED BY LANDLORD'S NEGLIGENCE. Tenant shall cooperate fully in Landlord’s 's efforts to maintain access control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which thereto. (viii) Non-exclusive multiple cab passenger elevator service to the Leased Premises during Building Operating Hours, with passenger elevator service to the Leased Premises by at least one (1) cab twenty-four (24) hours per day, and non-exclusive freight elevator service to the Leased Premises during Building Operating Hours with such freight elevator service available at other times upon reasonable prior notice (however, all of the foregoing shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems). In the event Tenant desires Landlord to provide any of the aforementioned services (including heating and air-conditioning) in amounts in excess of Building Standard Services or in addition to the Building Operating Hours, and provided such services are adopted compatible with existing Building systems, will not compromise Landlord's ability to provide services to Tenant or other tenants of the Building and are not burdensome to the Project or to Landlord, in Landlord's opinion, and so long as an Event of Default is not in existence, Landlord may elect (but is not required) to provide such excess or additional services and Tenant shall pay Landlord as additional rent hereunder the cost of providing such excess or additional services, including without limitation, design, metering, installation and operating costs plus a charge equal to five percent (5%) of such costs for administrative cost recovery. (b) To the extent the services described in Section 4.1(a) require electricity, water, gas, steam or other utility services supplied by public utilities, Landlord's covenants hereunder shall impose on Landlord only the obligation to use its good faith, reasonable efforts to cause the applicable public utilities to furnish the same. Landlord shall not be responsible for, and shall have no liability with respect to, the quality or condition of any services provided by such public utilities. (c) If any of the services described in Section 4.1(a) or any of the machinery or equipment in the Project should cease to function properly or in accordance with Exhibit “C”.the requirements therefor described in Section 4.1(a), break down or be intentionally turned off for testing or maintenance purposes (provided such services shall not be intentionally turned off for testing or maintenance purposes except in the case of any situation Landlord reasonably determines to be an emergency without reasonable prior notice to Tenant, and, in the case of electricity, such electricity shall not be intentionally turned off without seventy-two (72) hours prior notice), Tenant shall have no claim for abatement or reduction of Rent or damages, nor shall Tenant be relieved of its obligations under this Lease, nor shall such condition be construed as an eviction of Tenant; provided, however, if: (6i) Proper facilities there occurs an interruption in the HVAC, electricity, water or elevator services (the "Essential Services") to furnish the Building or Leased Premises not caused by Tenant (collectively, an "Interruption"); (ii) such Interruption renders more than one thousand (1,000) square feet of Net Rentable Area in the Leased Premises Untenantable (defined below); and (iii) such Interruption continues to render more than one thousand (1,000) square feet of Net Rentable Area in the Leased Premises Untenantable for three (3) consecutive days, then, the Rent (including charges for a pro rata portion of the Parking Permits applicable to Tenant but only to the extent Tenant does not use such Parking Permits) shall ▇▇▇▇▇ as to that portion of the Leased Premises that is rendered Untenantable. The abatement shall commence upon the expiration of the third (3rd) day and continue for so long as the Interruption exists; provided, however, if the Interruption renders more than fifty percent (50%) of the Leased Premises Untenantable for one hundred twenty (120) consecutive days, Tenant shall have the right thereafter to terminate this Lease during the period such Interruption shall continue to exist, in which event Tenant will be relieved of all obligations arising after such date hereunder. In addition, if all or any portion of the Leased Premises is rendered Untenantable by reason of Landlord's entry into or occupation of the Leased Premises for the purpose of making repairs required of Landlord under this Lease, and such Untenantability continues after the delivery of written notice to Landlord, then from and after the delivery of such written notice until the cause of such Untenantability is eliminated, (i) Rent (other than Parking Rental) with respect to that portion of the Leased Premises rendered Untenantable shall ▇▇▇▇▇ and (ii) Parking Rental shall ▇▇▇▇▇ for a pro rata portion of the Parking Permits then leased by Tenant (such pro rata portion to be equal to the ratio of (A) Building Standard lightingthe Net Rentable Area of the Leased Premises rendered Untenantable, and divided by (B) sufficient electrical power for normal office machines (the total Net Rentable Area then leased by Tenant), but only to the extent Tenant does not use such Parking Permits. In consideration of the terms of this Section 4.1(c), Tenant waives all rights Tenant may have at law or in equity, including electric typewritersany rights Tenant may have arising from implied warranties of suitability, desk-top computer facilities to ▇▇▇▇▇ Rent or terminate this Lease under circumstances other than as provided by this Section 4.1(c); and desk-top word processing facilitiesLandlord agrees to use diligent efforts to restore the services described in Section 4.1(a) and other machines to promptly repair said equipment or machinery. In addition, if such Untenantability arises from a casualty or condemnation, then Sections 6.1 and 6.5 shall apply instead of similar electrical consumption (“Miscellaneous Power”this Section 4.1(c). As used in this Lease, the term "Untenantable" shall mean the condition whereby Tenant is not reasonably able to use the Leased Premises or any portion thereof for the conduct of its business in accordance with customary practices of comparable tenants in buildings comparable to the Building.

Appears in 1 contract

Sources: Lease Agreement (FSP Phoenix Tower Corp)

Services to be Furnished by Landlord. (a) So long as no Event of Default exists under this Lease beyond any applicable grace period, Landlord agrees to furnish Tenant the following services: (1) : Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex Landlord’s Premises in accordance with Section 6(c)(3) during Normal Business Hours6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building or as required by governmental authorities (including energy conservation requirements). (21) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (32) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, service at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (43) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (54) Limited Tenant shall have access to the Building at all times provided, however, except during Normal Business Hours, access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours shall be limited through the use of master entry cards, a card reader entry system and/or keys. Tenant shall receive five (5) master entry cards and/or keys. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall have no liability be $3.50 per key and the cost of additional cards shall be $10.00 per card. Tenant agrees to Tenantsurrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. TENANT SHALL INDEMNIFY AND HOLD LANDLORD AND ANY LANDLORD RELATED PARTY HARMLESS FROM, its employeesAND REIMBURSE LANDLORD AND ANY LANDLORD RELATED PARTY FOR AND WITH RESPECT TO, agents, contractors, invitees, or licensees for losses due to theft or burglary ANY AND ALL COSTS AND EXPENSES (other than theft or burglary committed by employees of LandlordINCLUDING REASONABLE ATTORNEYS' FEES), or for damages done by unauthorized persons in the Premises or on the ComplexDEMANDS, CLAIMS, CAUSES OF ACTION AND LIENS ARISING FROM AND IN CONNECTION WITH ANY THEFT OR BURGLARY OR FROM DAMAGES DONE BY UNAUTHORIZED PERSONS IN THE PREMISES OR ON LANDLORD'S PREMISES THAT GAIN ACCESS TO THE BUILDING WITH ANY OF TENANT’S MASTER ENTRY CARDS AND/OR KEYS EXCEPT TO THE EXTENT ARISING FROM THE GROSSLY NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF LANDLORD OR ANY LANDLORD RELATED PARTY. Tenant shall cooperate fully in Landlord’s 's efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises, provided Tenant affords Landlord the ability to gain access to the Premises in circumstances expressly permitted by this Lease. (65) Proper Electricity and proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”). In the event Landlord determines that Tenant will require, or is consuming, special lighting or Miscellaneous Power in excess of Building Standard, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs. (6) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems. (7) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service. (b) In the event Landlord agrees to provide any additional services at the specific request of Tenant, other than after-hours HVAC, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service plus an administrative charge equal to ten percent (10%) of such cost, plus applicable sales tax, within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default). (c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or any cessation thereof, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement set forth in this Lease. Should any of such services be interrupted, Landlord shall use reasonable diligence to restore the same promptly, but Tenant shall have no claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall allow Tenant an equitable abatement of Rent (based on the severity of the interruption and the amount of space unfit for occupancy) effective from the fourth (4th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service is restored.

Appears in 1 contract

Sources: Lease (Capital Growth Systems Inc /Fl/)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the use maintenance and repair of Tenant any such water heater and its employees, line and central fixtures in the Premises. (2) Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the cost of such event that Tenant requires central heat, ventilation or air conditioning service during at times other than Normal Business Hours Hours, such additional service shall be furnished only upon the written request of Tenant delivered to be paid as set forth Landlord prior to 3:00 p.m. at least one Business Day in Section 9(a)(8))advance of the date for which such usage is requested. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost (with no markup) attributable thereto as Additional Rent within 30-days after presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting, as established by Landlord, and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited access Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other tenants in the Building during Normal Business Hours subject to scheduling such freight elevator with the Building Manager during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdeems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control access in to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted thereto, as the same may be amended from time to time. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in accordance with Exhibit “C”any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Property. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services (Awithout markup or profit to Landlord), which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the interruption or termination of these defined services in whole or in part, resulting from Landlord’s adherence to laws, regulations and administrative orders, repairs, improvements alterations, breakdown, accident, weather, strikes, labor disputes, fuel or material scarcity, or failure of any corporation, firm or person with whom the Landlord may contract for any such service to furnish same, or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. D. Landlord shall, at its expense (except as included in Basic Costs) keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building Standard lightingin general; and (c) the exterior portion of the Building and Property, (d) all parking facilities and other portions of the Common Areas, including Building facilities common to all tenants, including, but not limited to, the ceilings, walls and floors in the Common Areas. Landlord shall use reasonable diligence to make repairs when appropriate to keep the applicable portion of the Premises, Building, Property, and other items in the condition described in this clause. Landlord shall not be in default of its repair and maintenance obligations under this section if Landlord performs the repairs and maintenance within thirty (B30) sufficient electrical power days after written notice by Tenant to Landlord of the need for normal office machines such repairs and maintenance. If, due to the nature of the particular repair or maintenance obligation, more than thirty (including electric typewriters30) days are reasonably required for completion, deskLandlord shall not be in default under this section if Landlord begins work within this thirty-top computer facilities day (30-day) period and desk-top word processing facilities) diligently prosecutes this work to completion. No abatement of Rent and other machines no liability of similar electrical consumption (“Miscellaneous Power”)Landlord shall result for any injury to or interference with Tenant’s business arising from the making of or failure to make any repairs, replacements, alterations, or improvements in or to any portion of the Premises, Building, Property, fixtures, appurtenances, or equipment.

Appears in 1 contract

Sources: Office Lease Agreement (Outdoor Channel Holdings Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish ------------------------------------ Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building, (b) The HVAC System (as hereinafter defined), as reflected on the Shell Plans (as defined in Exhibit "D" attached hereto); ----------- (c) Routine maintenance, landscaping and electric lighting service for all external areas of the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent deemed by Landlord to be customary in Comparable Buildings (as hereinafter defined); (d) Janitor service on Business Days (provided, however, if Tenant's floor covering or other improvements require special treatment and such treatment is requested by Tenant, Tenant shall pay the actual additional cleaning cost incurred by Landlord and attributable thereto as additional rent upon presentation of a statement therefor by Landlord) and such exterior window washing as is customary with Comparable Buildings; (e) Subject to the provisions of Paragraph 11 hereof, facilities to provide all ------------ electrical current required by Tenant in its use and occupancy of the Premises. (f) All fluorescent bulb replacement in the Premises necessary to maintain the same lighting provided by Landlord as set forth in first class condition.the Work Letter Agreement attached hereto as Exhibit "D" and fluorescent and incandescent bulb ----------- replacement in the Common Areas; (3g) Janitorial servicePassenger elevators for ingress and egress to and from the floors of the Building at all times; and (h) Trash removal service from outside receptacles. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, force majeure, unavailability of utilities from a service ----- ------- provider, interruptions of utilities caused by repairs, construction, or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor cause an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service thereby or resulting therefrom. Except as expressly provided herein, Landlord shall not be required to make any repairs to or maintain the Premises. Tenant shall have primary responsibility for security for and within the Building. Notwithstanding anything herein contained, if Tenant is prevented from making reasonable use of the Building or the Parking Facilities because of the unavailability of any of the said services provided by Landlord (a) for more than five (5) days per weekconsecutive Business Days, exclusive of Normal or (b) for more than twelve (12) Business HolidaysDays during any consecutive twelve (12) month period during the Lease Term, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb Tenant did not cause and ballast replacement in the PremisesLandlord reasonably could have avoided such unavailability, the Common Areas and the Service Areas, provided then Tenant shall be charged Landlord’s standard Building charge entitled to a reasonable abatement of rent for all replacements each consecutive day (after such 5-day or 12-day period, as the case may be) -- that Tenant is so prevented from making reasonable use of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on Parking Facilities; provided, however, days for which the Premises are located) during rent is not charged shall not be utilized for any other than Normal Business Hours through the use calculation of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees abatement of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”rent. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Netsolve Inc)

Services to be Furnished by Landlord. (a) So long as no Event of Default exists under this Lease, Landlord agrees to furnish Tenant the following services: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex Project in accordance with Section 6(c)(3) during Normal Business Hours6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building or as required by governmental authorities (including energy conservation requirements). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited Tenant shall have access to the Building at all times provided, however, except during Normal Business Hours access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours shall be limited through the use of master entry cards and/or keys. Tenant shall receive fifty (50) master entry cards and/or keys for the Premises. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $20.00 per card. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the ComplexProject. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises provided Tenant affords Landlord the ability to gain access to the Premises in circumstances expressly permitted by this Lease. (6) Proper Electricity and proper facilities to furnish (A) Building Standard lightinglighting (which shall be defined as an average load of two [2] ▇▇▇▇▇ per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”), provided that Tenant’s Miscellaneous Power requirements shall not exceed six (6) ▇▇▇▇▇ per square foot of Rentable Area of the Premises, of connected load or two (2) ▇▇▇▇▇ per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3-phase or require more than 500 ▇▇▇▇▇ for any piece of equipment (the “Building Standard Electrical Design Load”). In the event Landlord determines that Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs. (7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems. (8) Suite 120 and Suite 232 (the server room adjacent to Suite 260) shall be separately metered and heating and air conditioning shall be available to Tenant in such suite 24 hours a day, seven days a week. Heating and air conditioning during other than Normal Business Hours shall be furnished for Suite 260 (excluding Suite 232) only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service. (b) In the event Landlord agrees to provide any additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default). (c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or any cessation thereof, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement set forth in this Lease. Should any of such services be interrupted, Landlord shall use reasonable diligence to restore the same promptly, but Tenant shall have no claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall allow Tenant an equitable abatement of Rent (based on the severity of the interruption and the amount of space unfit for occupancy) effective from the sixth (6th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service is restored.

Appears in 1 contract

Sources: Office Lease Agreement

Services to be Furnished by Landlord. (a) Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services: (1) Facilities for hot . Hot and cold water in the Common Area lavatories and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (season, at such temperatures thermostatically controlled by Tenant and in such amounts as are considered by Landlord to be standard for buildings of similar class, size, age and location, or as required by governmental authority. Notwithstanding the foregoing, Tenant acknowledges that electricity to the Promises is separately metered and that the electricity consumed in connection with supplying HVAC service to the Premises is included on such meter and billed directly to Tenant in accordance with the provisions of Article XI of this Lease. Notwithstanding the foregoing, if Tenant requires HVAC service after Normal Business Hours, in addition to the cost of such service electricity consumed, Tenant shall be required to pay Landlord a separate charge for the cost incurred by Landlord for operating its water source heat pumps and related equipment. Such additional costs shall be paid measured by a separate override meter and allocated proportionally between Tenant and any other tenants of the Complex in accordance with Section 6(c)(3) Building, if any, that requested after hours HVAC service for those hours during Normal Business Hours, and the cost of which such service during other than Normal Business Hours is being supplied to be paid Tenant. Tenant shall pay Landlord for such additional costs upon demand as set forth in Section 9(a)(8))additional Rent. (2) . Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent; and replacement of building standard fluorescent tubes, light bulbs and ballasts in the Premises as required as a result of normal usage standard for buildings of similar class, size, age and location. 3. Janitor service on Business Days in accordance with the schedule attached hereto as Exhibit H (or such reasonably comparable specifications designated by Landlord from time to time); provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (i) retain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. Upon request from Tenant, Landlord shall provide Tenant with a copy of its then current janitorial and cleaning specifications. 4. Elevator service in common with other tenants of the Building for ingress and egress to and from the floor of the Promises during Normal Business Hours, provided that, subject to force majeure, at least one (1) elevator shall be available to serve the Premises 24 hours per day, 7 days a week. 5. Snow removal and ice treatment as necessary to provide the parking required hereunder and access to the Premises. Subject to Landlord's reasonable rules and regulations and temporary closures for emergency purposes, Tenant shall have access to its parking and the Premises 24 hours per day, 7 days per week. B. Except for the alteration, maintenance and repair responsibilities of Tenant with respect to the Premises which are expressly set forth in this Lease, Landlord shall operate and maintain the Building and the Park in accordance with all applicable laws, with all requirements of any applicable board of property insurance underwriters (to the extent necessary for Landlord to maintain the same insurance required hereunder), and with the standards prevailing from time to time for projects of similar class, size, age and location, and, in first class conditionany event, in as good a condition as at the time this Lease is executed by Landlord and Tenant, reasonable wear and tear excepted. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any other causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service or resulting therefrom. To the extent reasonably possible based on the nature of the work to be performed, Landlord shall schedule the performance of any repairs, improvements or alterations that will result In an interruption of service for non Business Days or after Normal Business Hours. Landlord's entire obligation with respect to the repair and maintenance of the Premises are set forth In this Lease. C. Notwithstanding anything to the contrary contained in this Section VII if (3I) Janitorial serviceLandlord ceases to furnish any utility or service to the Premises, five Building or Common Areas or any damaged or dysfunctional aspect of the Premises, Building or Common Areas which is not Tenant's repair responsibility interferes with Tenant's use or the Premises and Tenant notifies Landlord of such cessation in writing (5the "Interruption Notice'), (II) days such cessation or other problem does not arise as a result of an act or omission of Tenant, (III) such cessation or other problem is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such cessation or other problem Is reasonably within the control of Landlord, and (v) as a result of such cessation or other problem, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant Is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy shall be as follows: on the third (3rd) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a them basis for each day after such three (3) mile radius business day period based upon the percentage of the BuildingPremises so rendered untenantable and not used by Tenant, and such abatement shall continue until the date the Premises become tenantable again. Landlord agrees to proceed in good faith and with due diligence to correct any such interruption of service or other problem. If, as a result of any such interruption in services or other problem, all or any part of the Premises are rendered untenantable for more than 30 consecutive days (or such longer period as may be necessary to cure [not to exceed 60 days]) or more than 60 days (in the aggregate) in any lease year, Tenant may, at Tenant's option, by 30 days' prior written notice given to Landlord at any time after such 30th day (as the same may be extended) or 60th day, as applicable, and before the Premises are again usable, terminate this Lease. D. Notwithstanding anything to the contrary contained in this Section VII.B. if (4I) All Building Standard fluorescent and incandescent bulb and ballast replacement in Landlord ceases to furnish any utility or service to the Premises, the Building or Common Areas or any damaged or dysfunctional aspect of the Premises, Building or Common Areas which is not Tenant's repair responsibility interferes with Tenant's use or the Premises and Tenant notifies Landlord of such cessation In writing (the "Interruption Notice"), (II) such cessation or other problem does not arise as a result of an act or omission of Tenant, (III) such cessation or other problem is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such cessation or other problem IS NOT reasonably within the control of Landlord, and (v) as a result of such cessation or other problem, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy shall be as follows: on the fifteenth (15th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenable, the date Tenant ceases to use such space and the Service Areasdate Tenant provides Landlord with an Interruption Notice, provided Tenant the Base Rental and Additional Base Rental payable hereunder shall be charged Landlord’s standard Building charge abated on a per diem basis for all replacements each day after such fifteen (15) business day period based upon the percentage of same in the Premises during so rendered untenantable and not used by Tenant, and such abatement shall continue until the Term (provided date the cost Premises become tenantable again. Landlord agrees to proceed in good faith and with due diligence to correct any such Interruption of same provided to service or other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (problem. If, as a result of any such interruption in services or to the floor on which other problem, all or any part of the Premises are located) during other rendered untenantable for more than Normal Business Hours through 130 consecutive days, Tenant may, at Tenant's option, by 30 days' prior written notice given to Landlord at any time after such 130th day and before the use of master entry cards and/or keysPremises are again usable, terminate this Lease. Notwithstanding anything in Section VII.C. or the VII.D. to the contrary, it is understood and agreed that Landlord shall have no liability be entitled to take whatever action is necessary to restore the interrupted services, including, without limitation, the installation of a temporary generator to provide electrical service to the Building, providing portable washroom facilities, etc. and, upon such restoration of services, Tenant's obligation to pay Rent shall commence, its employeesprovided that (x) if Landlord elects to restore services by such temporary measures, agents, contractors, invitees, or licensees for losses due Landlord shall continue to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons provide such temporary services until the interrupted services in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which question are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lightingrestored, and (By) sufficient electrical power the furnishing of temporary services shall not relieve Landlord of its obligation to proceed in good faith to perform any necessary repairs, replacements or other work that is necessary to restore the services in question. E. Tenant expressly acknowledges that If Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for normal office machines (including electric typewritersthe failure of any such security personnel, desk-top computer facilities and desk-top word processing facilities) and other machines services, procedures or equipment to prevent or control, or apprehend any one suspected of similar electrical consumption (“Miscellaneous Power”)personal injury or property damage in, on or around the Park.

Appears in 1 contract

Sources: Office Lease (Phoenix International Life Sciences Inc)

Services to be Furnished by Landlord. (a) Subject to applicable Legal Requirements, governmental standards for energy conservation, and Tenant's performance of its obligations hereunder, Landlord agrees shall use all reasonable efforts to furnish Tenant the following services: (1a) Facilities HVAC to the Premises during Building Operating Hours, at such temperatures and in such amounts as are considered by Landlord to be suitable and standard [thus excluding air conditioning or heating for electronic data processing or other specialized equipment or specialized (nonstandard) Tenant requirements]; (b) hot and cold water at those points of supply provided common to all floors for general use of other tenants lavatory and drinking purposes only; (c) janitorial service in and about the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved to be accomplished in accordance with the Cleaning Specifications attached as Exhibit AI@ hereto and periodic window washing, anticipated to be accomplished approximately every 3 or 4 months for outside windows and every 2 or 3 months for inside windows; (d) elevator service, if necessary, to provide access to and egress from the Premises; (e) electric current during Building Operating Hours for normal office machines and other machines of low electrical consumption (which shall exclude electric current for electronic data processing equipment, lighting in excess of Building Standard, or any other item of electrical equipment which singly consumes more than 0.5 kilowatts per hour at rated capacity or requires a voltage other than 120 volts single phase); and (f) replacement of fluorescent lamps in Building Standard light fixtures installed by Landlord and provided solely for of incandescent bulbs or fluorescent lamps in all public rest rooms, stairwells and other Common Areas in the Building. If any of the services described above or elsewhere in this Lease are interrupted, Landlord shall use of Tenant and its employeesreasonable diligence to promptly restore the same. However, and central heat and air conditioning in season (neither the cost interruption nor cessation of such service services, nor the failure of Landlord to restore same, shall render Landlord liable for damages to person or property, or be construed as an eviction of Tenant, or work an abatement of Rent or relieve Tenant from fulfilling any of its other obligations hereunder. If not previously installed, Landlord may cause an electric and/or water meter(s) to be paid by Tenant and other tenants installed in the Premises of the Complex Tenant in accordance with Section 6(c)(3) during Normal Business Hoursorder to measure the amount of electricity and/or water consumed for any such use, and the cost of such service during other than Normal Business Hours meter(s) shall be paid promptly by Tenant. Certain security measures (both by electronic equipment and personnel) may be provided by Landlord in connection with the Building. However, Tenant hereby acknowledges that any such security is intended to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance solely for all Common Areas and Service Areas the benefit of the Building Landlord and protecting its property, and while certain incidental benefits may accrue to the Tenant therefrom, any such security is not for the purpose of protecting either the property of Tenant or the safety of its employees, agents or invitees. By providing any such security, Landlord assumes no obligation to Tenant and shall have no liability arising therefrom. . Landlord shall furnish Tenant, at Landlord's expense, with two keys and access cards, and at Tenant's expense in the manner amount of Landlord=s cost for such additional keys and access cards as Tenant may request, to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited unlock or allow access to the Building and each corridor door entering the Premises. Tenant shall not install, or permit to be installed, any additional lock (except for the check stock room) on any door into or in the Premises or make, or permit to be made, any duplicates of keys or access cards to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keyswithout Landlord=s prior consent. Landlord shall have be entitled at all times to possession of a duplicate of all keys and access cards to all doors to or inside of the Premises. All keys and access cards referred to in this Section 7.2 shall remain the property of the Landlord. Upon the expiration or termination of the Term, Tenant shall surrender all such keys and access cards to Landlord and shall deliver to Landlord the combination to all locks on all safes, cabinets and vaults which will remain in the Premises. Landlord shall be entitled to install, operate and maintain a card reader and after-hours access card system, security systems and other control devices in or about the Premises and the Complex which regulate entry into the Building (or portions thereof) and monitor, by closed circuit television or otherwise, all persons leaving or entering the Complex, the Building and the Premises. . Landlord shall disburse a portion of the Tenant Improvement Allowance, as defined in the Work Letter Agreement attached as Exhibit D, to provide and install, in Building Standard graphics, letters or numerals identifying Tenant's name and suite number adjacent to Tenant=s entry door at one location per floor of the Building occupied by Tenant. Tenant=s name, as set forth on the first page of this Lease, or as otherwise provided by Tenant in writing upon execution of this Lease, shall also be placed in the Building Directory located on the main level of the Building. Any subsequent modification to the listing of Tenant=s name in the Building Directory shall be at Tenant=s cost. Without Landlord's prior written consent, no other signs, numerals, letters, graphics, symbols or marks identifying Tenant shall be placed on the exterior, or in the interior if they are visible from the exterior, of the Premises. Tenant shall not place or suffer to be placed on any exterior door, wall or window of the Premises, on any part of the inside of the Premises which is visible from outside of the Premises, or elsewhere on the Complex, any sign, decoration, notice, logo, picture, lettering, attachment, advertising matter or other thing of any kind, without first obtaining Landlord's prior written approval, which Landlord may, in its discretion, grant or withhold. Landlord may, at Tenant's cost, and without notice or liability to Tenant, its employeesenter the Premises and remove any item erected in violation of this Section. Landlord may establish rules and regulations governing the size, agentstype and design of all such items and Tenant shall abide by such rules and regulations. . Tenant shall pay to Landlord monthly as billed, contractorsas Additional Rent, inviteessuch charges as may be separately metered or as Landlord may compute for (a) any utility services utilized by Tenant for computers, data processing equipment or licensees for losses due other electrical equipment in excess of that agreed to theft or burglary be furnished by Landlord pursuant to Section 7.1, (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons b) lighting installed in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) excess of Building Standard lighting, (c) HVAC and other services in excess of that stated in Section 7.1(a) or provided at times other than Building Operating Hours, and (Bd) sufficient janitorial services required with respect to Above Standard Tenant Improvements within the Premises. If Tenant wishes to use HVAC, services to the Premises during hours other than Building Operating Hours or electrical power or other utility services in excess of that stated in Section 7.1, Landlord shall supply such HVAC, electrical and utility services at an hourly cost to Tenant of $17.50 per Service Area (defined below), as adjusted from time to time by Landlord consistent with prevailing market charges for normal office machines (including electric typewriterssuch use. A AService Area,@ as used in this Lease, desk-top computer facilities shall be defined as the separate portions of the Premises as outlined on Exhibit B hereto. Tenant will not be required to pay the hourly cost for services set forth above for any Service Area unless said services are separately utilized by Tenant in the Service Area. Landlord may utilize a lighting and desk-top word processing facilities) utility occupancy sensor or other method or system in order to automatically determine and control use of HVAC, electrical and other machines of similar electrical consumption (“Miscellaneous Power”)utility services. Landlord may elect to estimate the charges to be paid by Tenant under this Section 7.4 and bill such charges to Tenant m▇▇▇▇ly in advance, in which event Tenant shall promptly pay the estimated charges. When the actual charges are determined by Landlord, an appropriate cash adjustment shall be made between Landlord and Tenant to account for any underpayment or overpayment by Tenant. . Subject to Building Rules and Regulations and such security standards as Landlord may from time to time adopt, the Building shall be open to the public during the Building Operating Hours and the Premises shall be open to Tenant during hours other than Building Operating Hours.

Appears in 1 contract

Sources: Lease Agreement (Fields MRS Original Cookies Inc)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (a) Landlord except as otherwise provided), agrees to furnish Tenant the following services:services typically afforded to tenants in similar first class office buildings located in the Indianapolis metropolitan area. (1) Facilities for hot . Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved by Landlord reason, including a private lavatory or kitchen, cold water shall be supplied as part of Basic Costs (except as otherwise provided) from the Building water main through a line and provided fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the use maintenance and repair of Tenant and its employees, and central any such hot water heater. 2. Central heat and air conditioning in season twenty-four (the cost of 24) hours a day, 365/6 days per year, at such service temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be paid standard for buildings of similar class, size, age and location in the Indianapolis metropolitan area, or as required by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))governmental authority. (2) Routine maintenance for 3. Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain be standard for buildings of similar class, size, age and location in the same in first class conditionIndianapolis metropolitan area. (3) Janitorial service4. Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit "F", five (or such other comparable specifications designated, from time to time, by Landlord provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental. 5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided . Passenger elevator service in similar first class office buildings within a three (3) mile radius common with other tenants of the Building, provided that, subject to Force Majeure, at least one (1) passenger elevator servicing the Premises shall be available for the use of Tenant, twenty-four (24) hours a day, 365/6 days per year. 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease. 7. Lighting in the parking areas of the Property. B. The failure by Landlord to any extent to furnish, or the interruption or termination of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if: (4i) All Landlord ceases to furnish any service in the Building Standard fluorescent for a period in excess of thirty (30) consecutive days after Tenant notifies Landlord of such cessation (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the restoration of such service is reasonably within the control of Landlord, and incandescent bulb (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and ballast replacement Tenant in fact ceases to use the Premises, the Common Areas and the Service Areasor material portion thereof, provided Tenant then Tenant, as its sole remedy, shall be charged Landlord’s standard Building charge for all replacements entitled to receive an abatement of same Base Rental and Additional Base Rental payable hereunder during the period beginning on the thirty-first (31st) consecutive day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant. Should any of the equipment or machinery used in the Premises during the Term (provided the cost provision of same provided such services for any cause cease to other tenants’ premises function properly, Landlord shall be excluded from “Operating Costs”)use reasonable diligence to repair such equipment or machinery as soon as reasonably possible. (5) Limited access C. Tenant expressly acknowledges that if Landlord, from time to the Building (or time, elects to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. provide security services, Landlord shall not be deemed to have no liability warranted the efficiency of any security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to Tenant, its employees, agents, contractors, inviteesprevent or control, or licensees for losses due to theft apprehend anyone suspected of personal injury, property damage or burglary (other than theft any criminal conduct in, on or burglary committed by employees of Landlord), or for damages done by unauthorized persons in around the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Property. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (First Capital Insured Real Estate Limited Partnership)

Services to be Furnished by Landlord. Landlord shall furnish (aat Landlord's cost) Landlord agrees to furnish Tenant while occupying the Leased Premises the following services: (1A) Facilities for hot Hot and cold water at those points of supply provided for general use of other the tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat Building; (B) Heat and air conditioning in season (season, during normal business hours for the cost Building at such temperatures and in such amounts as are considered by Landlord to be standard. Normal business hours are 7:00 A.M. to 6:00 P.M., Monday through Friday and 7:00 A.M. to 1:00 P.M. on Saturdays. Such service at times other than normal business hours shall be optional on the part of Landlord, provided that upon reasonable prior notice such service will be provided to be paid by Tenant and other tenants at Tenant's expense, at an hourly charge of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))$250.00. (2C) Routine maintenance Elevator service in common with other tenants for all Common Areas ingress and Service Areas of egress to and from the Building in the manner and to the extent necessary to maintain the same in first class condition.Building; (3D) Janitorial service, service on a five (5) days per weekday week basis provided that Tenant's floor covering or other improvements are building standard. If Tenant's improvements require other than standard janitorial services, exclusive of Normal Business HolidaysTenant may contract directly with a janitor, approved by Landlord, to clean those above standard improvements at a level comparable to that provided Tenant's cost. (E) Electric current (110 volts) for normal office usage in similar first class office buildings within a three (3) mile radius the Leased Premises and electric lighting service or all public areas and special service areas of the Building. (4) All Building Standard , plus replacement fluorescent and incandescent bulb and ballast replacement light bulbs for the ceiling fixtures in the Leased Premises. Failure by Landlord to any extent to furnish, or any stoppage of, these defined services, resulting from causes beyond the control of Landlord, or from any other cause, shall not render Landlord liable in any respect for damages to either person or property, nor shall be construed as an eviction of Tenant, nor work as an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any equipment or machinery break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair the same promptly. Tenant shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. Notwithstanding the above, if there is an interruption in electricity, heating, ventilating and air conditioning or water service to the Leased Premises and such interruption continues for a period of seven (7) consecutive business days after receipt by Landlord of written notice from Tenant of such interruption, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements entitled to an abatement of same in the Premises during full current Monthly Base Rental Amount effective from the Term (provided the cost time of same provided to other tenants’ premises interruption, which abatement shall be excluded from “Operating Costs”)continue until such services are restored. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (Natural Gas Services Group Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot and cold Unheated water at those points of supply provided for drinking and lavatory purposes for the general use of other tenants in of the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)).Complex; (2b) Routine maintenance and electric lighting service for all the Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial service, five (5) 5 days per week, exclusive of Normal Business Holidaysnormal business holidays; provided, at however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingstatement therefor by Landlord. (4d) All Building Standard fluorescent Facilities to provide all electrical current required for general office use and occupancy of the Premises, including the cost of the electrical current with limitation for a separately metered HVAC system serving Tenant's computer room. Tenant's usage of electrical current for the Premises for a separately metered HVAC system, shall be separately metered or sub-metered at Tenant's expense and paid by Tenant. At the option of Landlord, all such charges shall be either: (i) paid by Tenant directly to the provider thereof prior to delinquency; or (ii) paid by Tenant to Landlord as additional rent promptly after being invoiced therefor. (e) Fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5f) Limited access Passenger elevator service in common with other Building tenants for ingress to and egress from the Building Premises. (or g) Landlord shall have no obligation to provide any security whatsoever for the floor on which Complex, Common Areas, Parking Facility, the Premises are located) during other than Normal Business Hours through and/or Tenant's business therein. Tenant does hereby acknowledge and agree that it shall provide and be solely responsible for its own security, at Tenant's sole cost and expense, as may be required for the use operation of master entry cards and/or keys. Tenant's business within the Premises and Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in the Premises, Common Areas, Parking Facility, or the Complex or for any injury, trauma or other harm to any person, and neither shall Landlord be required to insure against any such losses. Tenant shall be responsible for all repairs and replacements of damage and/or destruction of the Premises necessitated by burglary or on attempted burglary, or any other illegal or forcible entry into the ComplexPremises. Notwithstanding the foregoing, Tenant acknowledges and agrees Landlord may, but will not be required to, adopt and provide security services for the Complex from time to time. Tenant shall cooperate fully in Landlord’s any efforts of Landlord to control access maintain security in the Building Complex and shall follow all rules and regulations promulgated by Landlord with respect thereto which thereto. However, any security services that are adopted voluntarily undertaken by Landlord may be changed or discontinued from time to time in accordance Landlord's sole and absolute discretion, without liability to Tenant, its employees, agents, customers and invitees. Tenant waives any claims it may have against Landlord arising out of any security services provided by Landlord, or the inadequacy or absence thereof, specifically including Landlord's negligence with Exhibit “C”respect to the providing or failure to provide such services. (6i) Proper facilities Air-conditioning during Normal Business Hours, as Landlord in its reasonable discretion considers to furnish (A) be standard for similarly situated buildings or as required by governmental authority; provided, however, heating and air-conditioning service at times other than for Normal Business Hours for the Building Standard lightingand the Complex shall be furnished only upon the written request of Tenant delivered to Landlord prior to 11:00 a.m. at least one business day in advance of the date for which such usage is requested. Such usage shall be at Tenant's expense at the rate as reasonably determined by Landlord from time to time, which charge shall be considered as additional rent and (B) sufficient electrical power which Tenant shall pay promptly upon being invoiced therefor. Tenant will not be responsible for normal office machines (including electric typewritersany over time air-conditioning used during months 1-6 of the initial lease term. Thereafter, deskTenant will be billed a flat $500.00 per month for all over time air-top computer facilities and desk-top word processing facilities) and conditioning usage. The failure by Landlord to any extent to furnish, or the interruption or termination of these defined services, in whole or in part, resulting from causes beyond the reasonable control of Landlord, shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Except as may be specifically provided for herein to the contrary, no abatement, diminution or reduction of Base Rent or any Additional Rent, or any other machines charges or compensation, shall be claimed by or allowed to Tenant, or any persons claiming under Tenant, under any circumstances, whether for inconvenience, discomfort, interruption of similar electrical consumption (“Miscellaneous Power”)business or otherwise, arising from any cause or reason.

Appears in 1 contract

Sources: Lease Agreement (Legal Club of America Corp)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services, provided the increased costs of such services over costs for such services during the Base Year shall be paid by Tenant as Additional Rent: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply provided Landlord. If Tenant desires hot water in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for general the maintenance and repair of any such water heater. (2) Central heat and air conditioning and electrical services during Normal Business Hours for Suite 350, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority or Tenant’s permitted use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely as set forth in Section 4 herein. The cost of electricity for the use of Tenant and its employees, and central heat and air conditioning in season (the cost for Suite 350 outside of such service to Normal Business Hours shall be paid for by Tenant and as set forth below in Section 11. In the event that Tenant requires central heat, ventilation or air conditioning service at times other tenants of the Complex in accordance with Section 6(c)(3) during than Normal Business Hours, and Tenant shall bear the entire cost of such additional service during other than Normal Business Hours to be paid as set forth provided in Section 9(a)(8))11. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval, which consent shall not be unreasonably withheld and shall be governed by Section 11. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as Additional Rent. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Basic janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Common Areas, in accordance with and subject to the terms and conditions of Section 11 of this Lease; provided, however, for purposes hereof, the Common Areas shall not include any restrooms, electrical and telephone closets, and any other areas included in the definition of Common Areas, which are located exclusively within the Premises. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Subject to factors beyond Landlord’s control and to the other provisions of this Lease, including without limitation, Paragraphs 17, 18, 26 and 34D, Tenant shall have access to the Premises and entry access to the Building twenty-four (or 24) hours per day, seven (7) days per week year-round. Access control to the floor on which the Premises are located) Building during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenantdeems appropriate, in its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexreasonable discretion. Tenant shall cooperate fully in Landlord’s efforts to maintain access control access in to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EXCEPT AS TO THE TENANT IMPROVEMENTS, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY ACCESS PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY ACCESS, PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT UNLESS SUCH PERSONAL INJURY OR DAMAGE IS DUE TO LANDLORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services and such request shall be governed by Section 11 herein. Landlord may impose a reasonable charge for such additional utilities or building services that Landlord provides at its cost, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. Except as set forth in Section 11, Landlord may, but is not obligated to, provide additional services hereunder; provided, however, that if Landlord does provide such extra services, Tenant agrees to pay Landlord a five percent (A5%) Building Standard lightingadministration fee for the provisions of such services; provided, however, in no event shall Landlord be entitled to an administration fee in connection with extra electrical services or additional electrical capacity added by Tenant to Suites 400 and 425 pursuant to Section 11 herein. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord, including, without limitation, the following: (i) accident, breakage or repairs; (ii) strikes, lockouts or other labor disturbance or labor dispute of any character; (iii) governmental regulation, moratorium or other governmental action or inaction; (iv) inability despite the exercise of reasonable diligence to obtain electricity, water or fuel; and (v) service interruptions or any other unavailability of utilities resulting from causes beyond Landlord’s control, including, without limitation, any utility service provider initiated “▇▇▇▇▇-out” or “black-out”, shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. In the event that any interruption is cause by Landlord, Landlord’s agents, servants or employees and such interruption shall exceed five (5) consecutive business days, or shall exceed seven (7) days in any thirty (30) day period, then Tenant shall be entitled to proportionate abatement of Base Rent, Additional Rent and other charges due hereunder until such time as such interruption shall cease, and (B) sufficient electrical power Landlord, at its sole cost and expense, will promptly restore the same. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)Landlord shall use reasonable diligence to repair such equipment or machinery.

Appears in 1 contract

Sources: Office Lease Agreement (KBS Growth & Income REIT, Inc.)

Services to be Furnished by Landlord. (a) A. Landlord agrees to shall furnish Tenant the following services: : (1i) Facilities heating and air conditioning during Normal Business Hours to provide a temperature condition required, in Landlord’s reasonable judgment, for comfortable occupancy of the Premises under normal business operations; (ii) hot and cold water at those points for use in the common lavatories of supply provided the Building and cold water for the kitchenette within the Premises (any heating of such water for the kitchenette being the responsibility of Tenant); (iii) janitorial service in the Premises and Common Areas on Business Days; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this Lease and (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord. Tenant shall be permitted access to the Building and the Premises on a 24 hour per day, 7 day per week basis, subject to Force Majeure (as hereinafter defined) and Landlord’s reasonable security measures, and subject to Landlord’s right to prohibit, restrict or limit access to the Building or the Premises in emergency situations if Landlord determines, in its reasonable discretion, that it is necessary or advisable to do so in order to prevent or protect against death or injury to persons or damage to property. B. If Tenant requests any other utilities or building services in addition to those identified in Section 6A, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of other tenants Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of utilities and Building services identified in Section 6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes shall not render Landlord liable in any respect nor be construed as an actual or constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. D. Notwithstanding anything to the contrary contained in this Section 6, if: (i) Landlord ceases to furnish any service in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use a period in excess of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per weekconsecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, exclusive of Normal Business Holidaysthe Premises or a material portion thereof, at a level comparable is rendered untenantable and Tenant in fact ceases to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in use the Premises, the Common Areas and the Service Areasor material portion thereof, provided Tenant then Tenant, as its sole remedy, shall be charged entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive Business Day after Landlord’s standard Building charge for all replacements receipt of same the Interruption Notice and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)so rendered untenantable and not used by Tenant. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Enernoc Inc)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: : (1) Facilities water service for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located, twenty-four (24) hours per day, seven (7) days per week, subject to Force Majeure; (2) heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts that satisfy the HVAC Operating Criteria (as defined below); provided that (i) Tenant, upon such advance notice as is reasonably required by Landlord (but not to exceed twenty-four (24) hours), shall have the right to receive HVAC service during hours other than Normal Business Hours through and (ii) Tenant shall pay Landlord the use standard charge for the additional service as reasonably determined by Landlord from time to time, which standard charge shall reflect Landlord’s actual cost (including depreciation) without markup; (3) maintenance and repair of master entry cards and/or keysthe Property as described in Section 9.B.; (4) janitor service on Business Days. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) elevator service; (6) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Section 10; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Building, the Property or the Project. The “HVAC Operating Criteria” shall have no liability be not less than the following: (i) cooling season indoor temperatures are not in excess of 73°F-79°F when outdoor temperatures are 91°F ambient, and (ii) heating season indoor temperatures are between 68°F-75°F when outdoor temperatures are at 50°F ambient. B. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, notwithstanding the foregoing, if the Premises, or a material portion of the Premises, are made untenantable for a period in excess of five (5) consecutive business days due to a Service Failure, then Tenant, as its employeessole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the sixth (6th) consecutive business day of the Service Failure and ending on the day the interrupted service has been restored. If the entire Premises have not been rendered untenantable by the Service Failure, the amount of abatement shall be equitably prorated. In no event shall Landlord be liable to Tenant for any loss or damage, including the theft of Tenant’s Property (defined in Section 15), arising out of or in connection with the failure of any security services, personnel or equipment, except to the extent of any loss or damage arising due to any gross negligence or willful misconduct of Landlord or its agents, employees or contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Akamai Technologies Inc)

Services to be Furnished by Landlord. Landlord shall furnish ------------------------------------ Tenant while occupying the Premises the following services on all days except as otherwise stated: (a) Water, including cold water from mains for humidification, break rooms, drinking, lavatory and toilet purposes drawn through fixtures installed by Landlord, or by Tenant with Landlord's written consent, and not water for lavatory and break room purposes from the regular Building supply at the prevailing temperature. Tenant shall pay Landlord agrees at rates fixed by Landlord, which such rates shall be reasonable, and shall not exceed the rates charged by a similar class of office buildings in Little Rock for water furnished for any other purposes. Tenant shall not waste or permit the waste of water. If Tenant fails to promptly pay Landlord's proper charge for water, Landlord, upon not less than ten days' notice, may discontinue furnishing that service and no such discontinuance shall be deemed an eviction or disturbance of Tenant's use of the Premises or render Landlord liable for damages or relieve Tenant from any obligation. (b) Heating and air condition (cooling), when necessary in Landlord's judgment for normal comfort (75 (degrees), 65 (degrees) F) in the Premises from 7:00 a.m. to 6:00 p.m., Monday through Friday and on Saturdays which are not holidays from 8:00 a.m. to 1:00 p.m. Landlord shall furnish Tenant the following services: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat with heating and air conditioning (cooling) when necessary for normal comfort in season (the Premises at times other than set forth in the immediately preceding sentence pursuant to the terms and conditions of the Building rules and regulations. Wherever heat generating machines 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 of such service to installation, operation and maintenance thereof shall be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))Landlord at reasonable rates. (2c) Routine maintenance Electrical current for standard Building lighting fixtures provided by Landlord and electrical outlets fro office equipment for ordinary purposes connected with the aforesaid use of the Premises. It is understood that services furnished under Section 2.2(b) and 2.2(c) are Building standards, and all other electrical consumption by Tenant in the Premises including consumption for lighting fixtures, office equipment, air conditioning or heating beyond normal Building standards or Building hours shall be paid for by Tenant to Landlord at a rate fixed by Landlord which shall be at least equal to the rate charged to Landlord by the utility company providing the electricity. (d) Nightly housekeeping and janitor service Monday through Friday in and about the Premises. Tenant shall not provide any janitor services without Landlord's prior written consent, and then, only subject to the supervision of Landlord and at Tenant's sole expense and responsibility and by a janitor contractor or employee at all times satisfactory to Landlord. (e) Electrical lighting services and heating and air conditioning for all Common Areas public areas and Service Areas special service areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3f) Janitorial Passenger and freight elevator service in common with Landlord and other tenants, from 7:00 a.m. to 6:00 p.m., Monday through Friday, and Saturday from 8:00 a.m. to 1:00 p.m. Such normal elevator service, passenger or freight, if furnished t other times, shall be deemed optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide adequate passenger and freight elevator service daily at all times when normal passenger and freight service is not furnished. Automatic elevator service shall be deemed "elevator service" within the meaning of this paragraph. Landlord does not warrant that any service will be free form interruptions caused by repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, civil commotion, riot, accidents, inability to obtain electrical power, fuel, steam, water, supplies or labor or other cause beyond the reasonable control of Landlord. No such interruption of service 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 damages, by abatement of rent or otherwise, or relive Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for interruption or stoppage of service. In the event that by agreement with Tenant, Landlord furnishes extra or additional services to be paid for by Tenant, a failure to pay for such services within five (5) days per weekafter notice to Tenant shall authorize Landlord. In Landlord's discretion and without further notice, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent immediately discontinue such services and incandescent bulb and ballast replacement terminate any agreement for such services. Any additional service charges paid by Tenant to Landlord for extra or additional services pursuant to this Section 2.2 shall be subject to adjustment in the Premises, same manner as the Common Areas and the Service Areas, rental as provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)Section 1.4 hereof. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (Master Graphics Inc)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant's sole cost and expense, from the Building water main through a line and fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the use maintenance and repair of Tenant and its employees, and central heat and air conditioning in season (the cost of any such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))water heater. (2) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class conditionbe standard for buildings of similar class, age and location. (3) Janitorial serviceElectricity to the Premises in accordance with and subject to the terms and conditions of Section 11. of this Lease. B. If Tenant requests any other utilities or building services in addition to those identified above, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. (4) All Building Standard fluorescent C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and incandescent bulb and ballast replacement administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the Premisesprovision of such services for any cause cease to function properly, the Common Areas and the Service Areas, provided Tenant Landlord shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided use reasonable diligence to other tenants’ premises shall be excluded from “Operating Costs”)repair such equipment or machinery. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. D. The Landlord shall have no liability the roof of the Premises repaired and resealed, where necessary, in a good and workmanlike manner before November 1, 2000. In addition, the Landlord shall be responsible for all repairs for the roof not caused by Tenant throughout the term of the Lease. E. The Landlord shall warrant that all of the roof top HVAC units for the Premises shall be operational and in good working order prior to Tenant's occupancy of the Premises. However, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in maintain the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”HVAC units as required per this Lease. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Short Term Lease Agreement (Intelliready Inc /Co/)

Services to be Furnished by Landlord. (a) Subject to the other matters referred to herein, Landlord agrees shall, at its own expense, furnish to furnish Tenant the following servicesservices during the Term of the Lease: (1i) Facilities for hot and cold water at those points of supply Janitorial service provided for general use of five (5) nights per week in a manner similar to other tenants Class "A" office buildings in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))San Antonio. (2ii) Routine maintenance Elevator service for all Common Areas and Service Areas of the Building public areas in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe reasonable and standard. (3iii) Janitorial serviceAir conditioning and heating as reasonably required in Landlord's judgment for comfortable use and occupancy of the Leased Premises under normal office conditions from 7:00 a.m. to 7:00 p.m. Monday through Friday, five (5) days per weekand 7:00 a.m. to 1:00 p.m. Saturday, exclusive but not on Sundays or such holidays as Landlord determines will be observed from time to time by tenants occupying a majority of Normal Business Holidays, at a level comparable to that provided the area in similar first class office buildings within a three (3) mile radius of the Building. (4iv) All Building Standard fluorescent and incandescent bulb and ballast replacement Replacement of lamps in the ceiling of the Leased Premises excluding any lamps not included in the building standard and not installed by Landlord; (v) Cold water (at normal temperature of the supply of water to the Building) for lavatory purposes in the restrooms on each floor, refrigerated water for drinking purposes at such location or locations on each floor as is designated by Landlord, and hot water (from the regular Building supply at the prevailing temperatures) for lavatory purposes in the restrooms on each floor, all such water service to be supplied from the regular supply of water to the Building through fixtures installed by Landlord or by Tenant with Landlord's written consent; (vi) Electrical services to the Leased Premises required by Tenant in the normal use and occupancy of the Leased Premises not to exceed 120-277 volts or 15 amperes, at the locations provided in the plans and specifications furnished or to be furnished pursuant to Paragraph 8. (b) The obligation of Landlord to supply the electrical, water, air conditioning and heating services shall be subject to all laws, rules and regulations of any governmental authorities and the supplier of such utilities to the Building and any reduction in such services by the supplier thereof shall not cause Landlord to be in default hereunder. (c) If the use of the Leased Premises requires the providing of additional electrical, air conditioning or heating service to the Leased Premises, Tenant shall pay Landlord the Common Areas additional expense resulting therefrom as determined from time to time by Landlord at such times as provided by separate written agreement executed by Tenant and Landlord simultaneously with the Service Areasexecution of this Lease; provided, provided however, that nothing in this Paragraph 11 shall permit the use or installation of any equipment in violation of the provisions of Paragraph 9. Without limiting the foregoing provisions of this subparagraph (c) of this Paragraph 11, if in Landlord's reasonable opinion the Tenant's use of any fixtures or equipment causes or would cause the use of more electrical service to the Building than the amount allocated to the Leased Premises, Landlord may install instruments for measuring the electrical service used by said fixtures and equipment AT LANDLORD'S SOLE COST AND EXPENSE. In such event, Tenant shall pay an Additional Electrical Charge (as hereafter defined) within ten (10) days following Landlord's delivery of written demand for same. If any Additional Electrical Charge is not received by Landlord within said period, Tenant shall pay a Late Charge calculated and payable in accordance with the provisions of Paragraph 6. The Additional Electrical Charge shall ONLY include Landlord's actual costs of the electrical service used by said fixtures and equipment, (d) No interruption, curtailment, reduction or malfunction of any such services, including, but not limited to, interruptions for repair of service pipes and lines, shall: (i) constitute an eviction or disturbance of Tenant's use and possession of the Leased Premises or Building; (ii) constitute a breach by Landlord of any of its obligations hereunder; (iii) render Landlord liable for damages; (iv) entitle Tenant to be relieved from any of its obligations hereunder; or (v) grant Tenant any right of set-off or recoupment. In the event of any such interruption, however, Landlord shall use reasonable diligence to restore such service. NOTWITHSTANDING THE FOREGOING, IF (a) ANY INTERRUPTION OF BUILDING SERVICES CAUSES ALL OR A MAJORITY OF THE PREMISES TO BE UNTENATABLE FOR A PERIOD OF THREE (3) BUSINESS DAYS OR MORE IF CAUSED BY LANDLORD OR LANDLORD'S EMPLOYEES, AGENTS OR REPRESENTATIVES, OR SEVEN (7) CONSECUTIVE BUSINESS DAYS IN ANY OTHER EVENT, RENT SHALL BE ABATED PROPORTIONATELY FROM THE DATE OF INTERRUPTION UNTIL THE SERVICE IS RESTORED. (e) In the event that Tenant desires air conditioning or heating at any time or times other than as specified in subpart (iii) of subparagraph (a) of this Paragraph 11, and Landlord consents to the furnishing of such service at the time or times requested by Tenant, Tenant shall be charged for such air conditioning or heating furnished by Landlord during such periods at Landlord’s 's then standard Building charge for all replacements of same in the Premises hourly rate applicable during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)periods when such services are furnished. SUCH RATE SHALL CORRESPOND TO THE KILOWATT PRICE INDEX PUBLISHED BY CITY PUBLIC SERVICE. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (Asset Acceptance Capital Corp)

Services to be Furnished by Landlord. (a) Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services: (1) Facilities for hot and cold . Cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (the cost of season, at such service temperatures and in such amounts as are considered by Landlord to be paid standard for buildings of similar class, size, age and location, or as required by Tenant governmental authority; provided, however, heating and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such air conditioning service during at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to be paid Landlord at the office of the Building prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall pay Landlord, upon demand as set forth in Section 9(a)(8))additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time. (2) . Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard for buildings of similar class, size, age and location. 3. Janitor service on Business Days; provided, however, if Tenant's use, floor covering or other improvements require special services, Tenant shall, at Landlord's option, either (3i) Janitorial serviceretain its own contractors (which contractor shall be subject to Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. 4. Elevator service in common with other tenants of the Building for ingress and egress to and from the floor of the Premises during Normal Business Hours. B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (as hereinafter defined) or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Notwithstanding anything to the contrary contained in this Section VII.B. if (i) Landlord ceases to furnish any service in the Building, and Tenant notifies Landlord of such cessation in writing (the "Interruption Notice"), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the repair or restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant's sole remedy for such cessation shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Base Rental and Additional Base Rental payable hereunder shall be abated on a per diem basis for each day after such five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius business day period based upon the percentage of the Building. (4) All Building Standard fluorescent Premises so rendered untenantable and incandescent bulb not used by Tenant, and ballast replacement such abatement shall continue until the date the Premises become tenantable again. Should any of the equipment or machinery used in the Premisesprovision of such services for any cause cease to function properly, the Common Areas and the Service AreasLandlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall be charged have no claim for offset or abatement of Rent or damages on account of an interruption in service or resulting therefrom. Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access 's entire obligation with respect to the Building (or to the floor on which repair and maintenance of the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. set forth above. C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide security services, Landlord shall not be deemed to have no liability warranted the efficiency of such security personnel, service, procedures or equipment and Landlord shall not be liable in any manner for the failure of any such security personnel, services, procedures or equipment to Tenant, its employees, agents, contractors, inviteesprevent or control, or licensees for losses due to theft apprehend any one suspected of personal injury or burglary (other than theft property damage in, on or burglary committed by employees of Landlord), or for damages done by unauthorized persons in around the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Property. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Tenera Inc)

Services to be Furnished by Landlord. (a) 7.1 Landlord agrees to furnish Tenant the following defined services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding. (b) Central heat, and central heat ventilation and air conditioning (“HVAC”) at such temperatures and in season such amounts as are required to satisfy the following specifications: (i) during Spring and Summer months, interior temperatures ranging from 68-76 degrees fahrenheit, with relative humidity between 40-60%, and (ii) during Fall and Winter months, interior temperatures ranging from 68-72 degrees fahrenheit, with relative humidity between 40-60%, HVAC services at times other than “Normal Building Hours” shall be furnished only upon the request of Tenant on the day such usage is required. Tenant shall bear the entire cost of such service to be paid additional services as such cost is determined by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))Landlord periodically. (2c) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3d) Janitorial service, five (5) days per week, exclusive of Normal Business Holidaysnormal business holidays and high dusting at least four (4) times each month. If, at however, Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a level comparable to that provided in similar first class office buildings within statement therefor by Landlord or a three (3) mile radius representative of the BuildingLandlord. (4e) Subject to the provisions of Paragraph 12, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (f) All Building Standard Grade fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5g) Limited Access to the Building during Normal Building Hours; provided that Tenant shall have access to the Building (or and Premises on a 24 hours per day, 7 days per week basis, subject to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysLandlord’s reasonable security regulations and requirements. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which thereto. 7.2 The failure by Landlord to any extent to furnish, or the interruption or termination of, the defined services in whole or in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction (constructive or otherwise) of Tenant, nor work an abatement of rent, nor relieve Tenant from obligation to fulfill any covenant or agreement of this Lease. 7.3 Should any of the equipment or machinery used in the provision of defined services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, if Building services to be provided by Landlord to Tenant pursuant to the Lease are adopted interrupted as a result of Landlord’s negligence or Landlord’s default under this Lease, and such interruption continues for more than three (3) business days after Tenant gives Landlord written notice of such interruption; and if such interruption renders all or a portion of the Premises untenantable, and if the restoration of such services is within the reasonable control of Landlord, then Base Rent and Tenant’s obligation to pay Tenant’s Proportionate Share of Operating Expenses shall a▇▇▇▇ beginning on the fourth (4th) business day of such interruption and continuing until such services are restored. Such abatement shall be in accordance with Exhibit “C”a proportion corresponding to the proportion of the Premises so rendered untenantable. 7.4 Except as otherwise expressly provided herein, Landlord shall not be required to make any repairs to the Premises. (6a) Proper facilities Notwithstanding any provision in this Lease to furnish the contrary, no services shall be rendered to Tenant under this Lease if, in Landlord’s opinion, such service would, within the meaning of the United States Treasury Income Tax Regulation Section 1.512(b)-l (Ac)(5), be rendered to Tenant primarily for its convenience and would be other than a service that is usually or customarily rendered to lessees in first class office buildings in Maitland, Florida (a “Special Service”). If Tenant shall desire any Special Service, Tenant may (subject to Landlord approval) Building Standard lightingobtain the same from Landlord’s independent contractor if the same is available therefrom. Tenant shall negotiate for such Special Service directly with such independent contractor, and shall separately compensate the independent contractor (Bat rates to be mutually agreed upon by Tenant and such independent contractor) sufficient electrical power for normal office machines any Special Services the independent contractor renders to Tenant. Any Special Services rendered to Tenant by the independent contractor shall be rendered by the independent contractor for its own account and at its sole cost and expense. Landlord acknowledges that (including electric typewritersexcept as provided in Paragraph 7.1 (d) hereof with respect to extra janitorial services) the services contemplated to be provided by Landlord pursuant to Section 7.1 hereof are not Special Services. (b) Any service, desk-top computer facilities and desk-top word processing facilities) and other machines than a Special Service, required to be rendered to Tenant by Landlord hereunder shall be rendered on behalf of similar electrical consumption (“Miscellaneous Power”).Landlord by Landlord’s independent contractor, unless Landlord elects to render such services directly to Tenant, provided that such delegation shall not relieve Landlord of its obligations under this Lease,

Appears in 1 contract

Sources: Lease Agreement (Tandem Health Care, Inc.)

Services to be Furnished by Landlord. (a) So long as no Event of Default exists under the Lease pursuant to which Landlord has exercised one or more remedies under Section 27, Landlord agrees to furnish Tenant the following services: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) season, during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar Class A office buildings within the Market Area or as required by governmental authority (including energy conservation requirements). If Tenant will require water supply other than as provided in the preceding sentence, or if Tenant requires chilled water in connection with any supplemental air conditioning equipment servicing the Premises, Landlord may install separate meters at the cost of such service during other than Normal Business Hours Tenant. Landlord may elect to be paid as set forth in Section 9(a)(8))have all charges for the water services (including chilled water) separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs. (2) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain standard for Class A office buildings in the same in first class conditionMarket Area. (3) Janitorial Janitor service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class Class A office buildings within a three (3) mile radius of the BuildingMarket Area. (4) All Building Standard fluorescent flourescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Tenant shall receive three (3) master entry cards and/or keys for each one thousand (1,000) square feet of Rentable Area in the Premises. Tenant shall reimburse Landlord for the cost (plus applicable sales tax) of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall have no liability to Tenantbe canceled. LANDLORD SHALL HAVE NO LIABILITY TO TENANT, its employeesITS EMPLOYEES, agentsAGENTS, contractorsCONTRACTORS, inviteesINVITEES, or licensees for losses due to theft or burglary OR LICENSEES FOR LOSSES DUE TO THEFT OR BURGLARY (other than theft or burglary committed by employees of LandlordOTHER THAN THEFT OR BURGLARY COMMITTED BY EMPLOYEES OR CONTRACTORS OF LANDLORD), or for damages done by unauthorized persons in the Premises or on the ComplexOR FOR DAMAGES DONE BY UNAUTHORIZED PERSONS ON THE PREMISES OR THE COMPLEX. Tenant shall cooperate fully in Landlord’s 's efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit "C". (6) Proper Electricity and proper facilities to furnish (A) Building Standard lightinglighting (which shall be defined as an average load of two (2) watt▇ ▇▇▇ square foot multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption ("Miscellaneous Power"), provided that Tenant's Miscellaneous Power requirements shall not exceed eight (8) watt▇ ▇▇▇ square foot of connected load (the "Building Standard Electrical Design Load"). If Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord's engineer reasonably deems necessary to accommodate such above standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. If separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs. (7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager (however, all of the foregoing shall be subject to the Rules and Regulations for the Building and temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems). (8) Heating and air conditioning during Normal Business Hours in quantities which maintain temperatures which are standard for Class A office buildings in the Market Area. (9) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant, and Tenant shall reimburse Landlord for the actual cost incurred by Landlord to provide such service provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the actual costs incurred by Landlord in providing such service. If any other tenant within the same HVAC zone as the Premises also requests after hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same zone requesting such service. (b) If Landlord agrees to provide any other additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of building personnel, and, if the provision of any such service requires Landlord to incur out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent (10%) of cost plus applicable sales tax) within ten (10) days following receipt of invoice. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default). (c) The unintentional failure by Landlord to any extent to furnish services hereunder or any cessation thereof shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to either person or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any of such services be interrupted, Landlord shall use reasonable diligence to restore the same promptly, but Tenant shall have no claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if there is a failure or interruption of the Essential Services (defined below) for any period exceeding five (5) consecutive days, and provided such failure is caused by and within the reasonable control of Landlord and is not caused by Tenant or any Tenant Related Party (as defined in Section 22(b)), Landlord shall allow Tenant an equitable abatement of Rent (based on the severity of the failure or interruption) effective from the sixth (6th) day following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such Essential Services are restored. As used herein, the term "Essential Services" means and refers to the following services: water, heating, ventilation and air conditioning, and electricity. Notwithstanding the foregoing, if and to the extent there is an interruption of Essential Services and Landlord would be entitled to receive proceeds from rent loss insurance carried by Landlord (to the extent actually carried by Landlord) should Landlord give Tenant an abatement of rent due to said interruption, then in that event Landlord shall file a claim for rent loss insurance proceeds and Tenant shall receive an equitable abatement of Rent equal to the rent loss insurance proceeds actually received by Landlord.

Appears in 1 contract

Sources: Office Lease Agreement (Petroleum Place Inc)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: : (1) Facilities Water service for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are locatedlocated and for use in any kitchenette area approved by Landlord (but Tenant shall be responsible for providing hot water service to any such kitchenette area); (2) Heat and air conditioning (HVAC) in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable Class A buildings in downtown Boston or at such higher standards as required by governmental authority; (3) Maintenance and repair of the Building as described in Section 9.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as Exhibit E, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article 10; (7) access to the Building and the Premises (by elevator) for Tenant and its employees 24 hours per day, 7 days per week every day of the year; subject to the terms of the Lease; (8) Security for the Building, including the stationing of security guards in the Building lobby 24 hours per day, 7 days a week; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Building and that are typical with first class office buildings. Tenant, upon such advance notice as is reasonably required by Landlord (which in no event shall be greater than 24 hour advance notice), shall have the right to receive HVAC service during hours other than Normal Business Hours through the use of master entry cards and/or keysHours. Landlord represents that the current charge for after-hours HVAC is $75.00 per hour per floor. Landlord agrees that any increases in such after-hours HVAC service charge shall have no liability be limited to increases in Landlord’s actual, reasonable costs of supplying the after-hours HVAC services. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time. B. Landlord’s failure to furnish, or any interruption or termination of, services due to governmental action, the failure of any equipment, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall not render Landlord liable to Tenant, its employeesconstitute a constructive eviction of Tenant, agentsgive rise to an abatement of Rent, contractorsnor relieve Tenant from the obligation to fulfill any covenant or agreement and Landlord shall use commercially reasonable efforts to correct such Service Failure. However, inviteesif the Premises, or licensees a material portion of the Premises, is made untenantable for losses due a period in excess of 4 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 5th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft or burglary of Tenant’s Property (other than theft or burglary committed by employees of Landlorddefined in Article 15), arising out of or for damages done by unauthorized persons in connection with the Premises failure of any security services, personnel or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”equipment. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Centrexion Therapeutics Corp)

Services to be Furnished by Landlord. (a) Landlord A. Subject to the provisions of Article XI below, Landlord, as part of Basic Costs, agrees to furnish Tenant the following services: (1) Facilities for hot and cold . Cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (the cost of season, at such service temperatures and in such amounts as are considered by Landlord to be paid standard for buildings of similar class, size, age and location, or as required by Tenant governmental authority; provided, however, heating and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such air conditioning service during at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to be paid Landlord at the office of the Building prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall pay Landlord, upon demand as set forth in Section 9(a)(8)). additional rent, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $40.00 per hour. The minimum period of time for which Tenant may request additional service is two (2) hours. 2. Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard for buildings of similar class, size, age and location. (3) Janitorial service. Janitor service on Business Days; provided, five (5) days per weekhowever, exclusive of Normal Business Holidaysif Tenant's use, floor covering or other improvements require special services, Tenant shall, at a level comparable Landlord's option, either (I) retain its own contractors (which contractor shall be subject to that provided Landlord's reasonable approval) to do such work or, (ii) pay the additional cost reasonably attributable thereto as additional Rent upon presentation of statements therefor by Landlord. 4. Elevator service in similar first class office buildings within a three (3) mile radius common with other tenants of the Building. (4) All Building Standard fluorescent for ingress and incandescent bulb egress to and ballast replacement in from the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements floor of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)Normal Business Hours. B. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations, Force Majeure (5as hereinafter defined) Limited access or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery, but except as otherwise expressly provided herein, Tenant shall have no claim for offset or abatement of Rent or damages on account of an interruption in service or resulting therefrom. Landlord's entire obligation with respect to the Building (or to the floor on which repair and maintenance of the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. set forth above. C. Tenant expressly acknowledges that if Landlord, from time to time, elects to provide or make available security services, Landlord shall not be deemed to have no liability warranted the efficiency of such security personnel, service, procedures or equipment, including without limitation, the security monitoring system referred to Tenantin Section 3 of Exhibit E and Landlord shall not be liable in any manner for the failure. of any such security personnel, its employeesservices, agents, contractors, inviteesprocedures or equipment to prevent or control, or licensees for losses due to theft apprehend any one suspected of personal injury or burglary (other than theft property damage in, on or burglary committed by employees of Landlord), or for damages done by unauthorized persons in around the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Property. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Summit Bank Corp)

Services to be Furnished by Landlord. A. Landlord shall furnish (awith respect to matters within Landlord's control) and Landlord agrees shall use its best efforts to furnish Tenant (with respect to matters not within Landlord's control) Tenant, at Landlord's expense, subject to the Building Rules and Regulations (hereafter defined) and Tenant's performance of its obligations hereunder, the following services: (1) Facilities for hot Air conditioning and heating, in season, during Normal Building Operating Hours (hereafter defined), at such temperatures and in such amounts as are considered by Landlord to be standard; (2) Hot and cold water at those points of supply provided for general use of other tenants in the Building lavatory and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition.drinking purposes only; (3) Janitorial serviceservice in and about the Building (but excluding the Leased Premises, which shall be the sole responsibility of Tenant) five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building.week and periodic window washing; (4) All Building Standard fluorescent Elevators for access to and incandescent bulb and ballast replacement in egress from the Premises, the Common Areas Leased Premises and the Service AreasBuilding twenty-four (24) hours a day, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term seven (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”).7) days a week; (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building Electricity and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power during Normal Building Operating Hours for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilitieswithout limitation personal computers) and other machines standard office equipment, including lighting of similar low electrical consumption, but not including electricity required for electronic data processing equipment, special lighting in excess of building standard, or any other item of electrical equipment which singly consumes more than 0.5 kilowatts per hour at rate capacity or requires a voltage other than 120 volts single phase except electrical consumption that is separately metered. Should such electrical service for the Leased Premises for normal office machines and other equipment including lighting of low electrical consumption be separately metered, Tenant shall pay for electric current supplied or used in the Leased Premises at the rate as established by the company providing electricity to the Leased Premises. Electric current shall be measured by meter. Tenant will be billed monthly for such current. Landlord acknowledges that Tenant intends to install computer equipment on the 2nd floor of the Leased Premises, and that such equipment will require cooling on a 24 hour basis. Arrangements shall be made to provide such cooling facilities as a part of the Tenant Improvements, and the cost of the additional electricity usage shall be separately paid by Tenant. (“Miscellaneous Power”)6) Replacement of fluorescent lamps in Building Standard light fixtures installed by Landlord and incandescent bulb replacement in all public areas.

Appears in 1 contract

Sources: Lease Agreement (Farah Inc)

Services to be Furnished by Landlord. (a) A. Landlord agrees to shall furnish Tenant the following services: , in each case subject to the provisions of Section 9A: (1i) Facilities heating and air conditioning during Normal Business Hours to provide a temperature condition required, in Landlord’s reasonable judgment, for comfortable occupancy of the Premises under normal business operations; (ii) hot and cold water at those points for use in the common lavatories of supply provided for general use of other tenants in the Building and as necessary to service cold water for any kitchen facilities and restrooms kitchenette(s) within the Premises approved (any heating of such water for the kitchenette(s) being the responsibility of Tenant); (iii) janitorial service in the Premises and Common Areas on Business Days to the specifications set forth in Exhibit G attached hereto; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this Lease and (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and reasonable charges by Landlord; provided, however that Landlord and provided solely shall not charge Tenant for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants freight elevator during Tenant’s performance of the Complex in accordance with Section 6(c)(3) during Normal Business HoursInitial Alterations to the Premises. Tenant shall be permitted access to the Building and the Premises, and the cost ability to utilize the HVAC system and all utilities serving the Premises (subject to any reasonable after-hours HVAC charges Landlord may from time to time charge tenants in the Building), on a 24 hour per day, 7 day per week basis, subject to Force Majeure (as hereinafter defined) and Landlord’s reasonable security measures, and subject to Landlord’s right to prohibit, restrict or limit access to the Building or the Premises in emergency situations if Landlord determines, in its reasonable discretion, that it is necessary or advisable to do so in order to prevent or protect against death or injury to persons or damage to property. B. If Tenant requests any other utilities or building services in addition to those identified in Section 6A, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use commercially reasonable efforts to attempt to furnish Tenant with such service during other than Normal Business Hours to additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as set forth Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of utilities and Building services identified in Section 9(a)(8))6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes shall not render Landlord liable in any respect nor be construed as an actual or constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. D. Notwithstanding anything to the contrary contained in this Lease, if: (2i) Routine maintenance for all Common Areas and Service Areas of Landlord ceases to furnish any service in the Building or to perform any of its obligations under this Lease for a period in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, excess of five (5) days per weekconsecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the restoration of such service or performance of such obligations is reasonably within the control of Landlord; and (v) as a result of such cessation or failure to perform, exclusive of Normal Business Holidaysthe Premises or a material portion thereof, at a level comparable is rendered untenantable and Tenant in fact ceases to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in use the Premises, the Common Areas and the Service Areasor a material portion thereof, provided Tenant then Tenant, as its sole remedy, shall be charged entitled to receive an abatement of Base Rent and Tenant’s Pro Rata Share of Basic Costs and Taxes payable hereunder during the period beginning on the sixth (6th) consecutive Business Day after Landlord’s standard Building charge for all replacements receipt of same the Interruption Notice and ending on the day when the service in question has been restored or obligation recommenced, as the case may be. In the event the entire Premises has not been rendered untenantable by the cessation in service or failure to perform such obligation, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)so rendered untenantable and not used by Tenant. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Enernoc Inc)

Services to be Furnished by Landlord. (a) Landlord agrees herein, to furnish Tenant the following services: (1) Facilities for hot and cold Tenant: refrigerated water at those points of supply provided for general use of tenants in the Building; and air conditioning at such times as Landlord normally furnishes air conditioning to all other tenants in the Building and at such temperatures and in such amounts as necessary to service any kitchen facilities and restrooms within the Premises approved are considered by Landlord to be standard. Air conditioning services shall be furnished Monday thru Friday from 8:00 a.m. to 6:00 p.m. and provided solely for the use of on Saturdays and legal half holidays from 8:00 a.m. to 12:00 p.m. If Tenant and its employees, and central heat and wishes air conditioning in season (the cost of such service to be paid by Tenant and rendered on days or hours other tenants of than those when regular air conditioning service is to be furnished, it shall so request Landlord in writing no less than one (1) business day prior to the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of date when such service during other than Normal Business Hours is to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance rendered except that air conditioning services shall not be furnished between 6:00 P.M. and 8:00 A.M. on Sundays or holidays. Landlord shall notify Tenant if it shall be able to furnish said service and, the rate which will be charged. If Tenant agrees, Landlord shall furnish the additional service and Tenant shall pay the charge quoted upon presentation of an invoice therefor. Elevator service will be available at all times. Janitor service and electric lighting service will be furnished by Landlord, at Landlord's cost to the Premises and for all Common Areas public and Service Areas of the Building special service areas in the manner and to the reasonable extent necessary deemed by the Landlord to maintain the same be standard. Electricity in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable addition to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant required for lighting shall be charged provided to the Premises for normal and customary office usage, which shall include only office machines and equipment operating on standard building circuits, but which in no event shall overload the electrical circuits from which Tenant obtains current. No electric current shall be used except that furnished or approved by Landlord’s standard Building charge for all replacements of same , nor shall electric or other wires be brought in the Premises during except with the Term (provided the written consent of Landlord. Any consumption of electric current in excess of that considered by Landlord to be usual, normal and customary for tenants, or which requires special circuits or equipment, shall be paid for by Tenant as additional rent in an amount to be determined by Landlord's estimated cost of such abnormal current consumption based on the applicable prevailing rate classification published by the electric power company. Failure by Landlord to any extent to furnish, or any stoppage of the services described above resulting from causes beyond the control of Landlord or after default by Tenant of the kind described in Paragraph 21 hereof, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor work as an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement under this Lease. Should any equipment or machinery cease to function properly for any reason, Landlord shall use reasonable diligence to repair the same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord promptly but Tenant shall have no liability claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting there from unless caused by Landlord's negligence or willful misconduct. Tenant agrees not to Tenant, its employees, agents, contractors, invitees, install at any time any window air conditioning unit nor any other ventilation or licensees for losses due to theft air conditioning device or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or equipment on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Premises. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (American Community Properties Trust)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1) Facilities for hot 8.1 Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary Building. 8.2 Except with regard to service any kitchen facilities and restrooms within HVAC system or unit that exclusively serves the Premises approved by (or any portion thereof), which shall be Tenant’s responsibility pursuant to Paragraph 11.2 herein, Landlord and provided solely for the use of Tenant and its employees, and shall furnish central heat and air conditioning in season (sufficient for the cost of such service to be paid by Tenant and other tenants comfortable occupancy of the Complex in accordance with Section 6(c)(3) Premises. Central heating and air conditioning service at times other than during Normal Business HoursHours shall be available to Tenant; provided, and the however, Tenant shall bear Landlord’s actual cost (as Additional Rent) of such service during additional heating and air conditioning used by Tenant at times other than Normal Business Hours in excess of 40 hours during each lease year during the term hereof within thirty (30) days following demand by Landlord, provided further that such cost shall not exceed the sum of $35.00 per hour. If heat-generating machines or equipment shall be used in the Premises by Tenant which affect the temperature otherwise maintained by the Building HVAC system, Landlord shall have the right (at Landlord’s option) to be paid as install (or to require Tenant to install) one or more HVAC systems or units that exclusively serve the Premises (or the portion thereof where such heat-generating machines or equipment are located). As set forth in Section 9(a)(8))Paragraph 11.2 herein, the cost of any such separate HVAC systems or units that exclusively serve the Premises, including the cost of installation and the cost of operation and maintenance thereof, shall be borne by Tenant. (2) 8.3 Electrical service to serve the Common Areas and the Premises. Landlord has informed Tenant that Progress Energy will be the utility company selected by Landlord to provide electrical service to the Building and the Building Exterior Common Areas. Notwithstanding the foregoing, if permitted by applicable law, Landlord shall have the right at any time and from time to time during the Lease Term to either contract for electrical service from a different company or companies in the business of providing electrical service or continue to contract for electrical service from Progress Energy. Tenant shall cooperate with Landlord and the electrical service provider selected by Landlord from time to time, as reasonably necessary, to grant Landlord and such selected electrical service provider access to any of the Building’s electric lines, feeders, risers, wiring and related and associated equipment that are located within, or accessible from, the Premises. 8.4 Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. 8.5 Tenant, its employees, and its invitees who have been registered with Landlord shall have access to the Premises (3including elevator service) Janitorial service, five by a code or card access system seven (57) days per a week, exclusive twenty-four (24) hours a day. Tenant shall receive an allotment, for all of Normal Business Holidaysits employees and for its invitees who are registered with Landlord, at a level comparable of up to that provided in similar first class office buildings within a three twelve (312) mile radius access cards and one (1) access code (the “Access Card Allotment”). Landlord shall bear the cost of each such code or card up to the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service AreasAccess Card Allotment, provided Tenant shall be charged Landlord’s standard Building charge pay to Landlord (as Additional Rent, within thirty (30) days after Tenant receives an invoice therefor) Ten and No/100 Dollars ($10.00) for all replacements each access code or card (including replacement codes or cards) in excess of same in the Premises Access Card Allotment which is issued to Tenant during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysLease Term. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the ComplexPremises, and Landlord shall not be required to insure against any such losses. Tenant shall cooperate fully in with Landlord’s efforts to control maintain controlled access to and in the Building during times other than Normal Business Hours and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. 8.6 Landlord shall, as part of Landlord’s Construction Obligations (6as set forth in Exhibit C hereto, supply the Premises with access to cable television. The failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from any Force Majeure Matters or from any other causes beyond the reasonable control of Landlord shall not (i) Proper facilities render Landlord liable in any respect, (ii) be construed as an eviction of Tenant, (iii) work an abatement of rent, or (iv) relieve Tenant from the obligation to furnish (A) Building Standard lightingfulfill any covenant or agreement in this Lease. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service resulting therefrom. Amounts payable pursuant to this Paragraph 8 shall be deemed to be Additional Rent due from Tenant to Landlord, and (B) sufficient electrical power any default in the payment thereof shall entitle Landlord to all remedies provided for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines herein at law or in equity on account of similar electrical consumption (“Miscellaneous Power”)Tenant’s failure to pay Base Rent.

Appears in 1 contract

Sources: Lease Agreement (North State Bancorp)

Services to be Furnished by Landlord. (a) Landlord agrees to To furnish Tenant during Tenant's occupancy of the Leased Premises the following building standard services: (1i) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesProject. (ii) Central heating, and central heat ventilation and air conditioning ("HVAC") in season season, subject to curtailment as required by governmental laws, rules or regulations, in such amounts as necessary, for reasonable comfort under load conditions which do not exceed (A) occupancy of one person per 250 square feet of Usable Area and (B) power consumption for lighting and electrical equipment at a demand load of five (5) watt▇ ▇▇▇ square foot of Usable Area. Components of the cost of HVAC system are designed to produce the indoor conditions below noted when the outdoor conditions are as stated: Indoor Conditions Outdoor Conditions ----------------- ------------------ Summer 75(degrees) Fahrenheit dry bulb 95(degrees) Fahrenheit dry bulb Relative humidity not 78(degrees) Fahrenheit wet bulb to exceed 55% Winter 70(degrees) Fahrenheit dry bulb 0(degree) Fahrenheit dry bulb Landlord shall furnish such service to be paid by Tenant between the hours of 8:00 A.M. and other tenants 8:00 P.M., Monday through Friday, and 9:00 A.M. and 4:00 P.M., Saturday, excluding the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and President's Day. Landlord shall use all reasonable efforts to provide such service to Tenant within the temperature ranges set forth above. (iii) Routine maintenance, painting and electric lighting service for all public areas and service areas of the Complex Project consistent with the standard established in Section 3.01. (iv) Janitorial service (including lavatory supplies) in accordance with Section 6(c)(3EXHIBIT F on a five (5) during Normal Business Hoursday week basis; provided however, if Tenant's Improvements require special cleaning in excess of the services set forth in EXHIBIT F, Tenant shall pay the additional cleaning cost, if any, attributable thereto, unless Tenant instructs Landlord in writing not to perform such special cleaning. Landlord shall provide Tenant notice of the need for any special cleaning of the initial Tenant Improvements prior to the Commencement Date. (v) Sufficient electricity to serve the Leased Premises for (A) lighting at high voltage (277 volts, single phase) to the extent that the demand load of said lighting does not exceed one and one-half (1.5) watt▇ ▇▇▇ square foot of Usable Area and (B) office and other equipment of low electrical consumption at standard voltage (120 volts, single phase) to the extent that the demand load of said equipment does not exceed three and one-half (3.5) watt▇ ▇▇▇ square foot of Usable Area. Notwithstanding the foregoing, if Tenant shall install: (1) any (single) air-conditioning unit having a rated capacity of more than three tons, (2) any (single) photocopier having a rated electric demand of more than three kilowatts, or (3) any (single) piece of equipment (other than an air-conditioning unit or photocopier) that has the capacity to consume more than three kilowatt hours of electricity per hour, (any such unit or piece of equipment being herein called "High Capacity Electric Equipment"), then the electricity consumed by such High Capacity Electric Equipment shall be separately metered (at Tenant's expense) and the cost of such service during other than Normal Business Hours to electricity shall be paid as set forth in Section 9(a)(8))separately by Tenant. (2vi) Routine maintenance Bulbs, starters and ballasts for all Common Areas and Service Areas of the Building building standard light fixtures in the manner and to the extent necessary to maintain the same in first class conditionLeased Premises. (3vii) Janitorial serviceAccess control for the Project, five which will include (5A) perimeter electronic access control with an elevator "lock-off" feature, and (B) on-site manned security, twenty-four (24) hours, seven (7) days per a week; provided, exclusive of Normal Business Holidayshowever, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability not be liable to Tenant, its employees, agents, contractors, invitees, or licensees Tenant for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in the Premises or on Project (including the ComplexLand). Tenant shall cooperate fully in Landlord’s efforts have access to control access the Leased Premises (except in the Building and case of an emergency) twenty-four (24) hours per day, seven (7) days per week. Landlord shall follow all regulations promulgated furnish to Tenant a reasonable number (not to exceed one per employee occupying the Leased Premises) of access control keys at no cost to Tenant on or prior to the Commencement Date. Any additional keys requested by Landlord with respect thereto which are adopted Tenant shall be paid for by Tenant in accordance with Exhibit “C”an amount equal to Landlord's actual cost. (6viii) Proper facilities Public elevator service, including freight elevator service, servicing the floor(s) on which the Leased Premises are situated, twenty-four (24) hours per day, seven (7) days per week, except in the case of an emergency and routine maintenance and repairs (provided, however, at least one passenger elevator shall be operational at all times other than emergencies). (b) If Tenant requests any of the services referred to in Section 3.02(a) in amounts in excess of or at times in addition to, those described in Section 3.02(a), Tenant shall pay Landlord as additional rent hereunder Landlord's actual cost of providing such additional services. (c) Except as otherwise expressly provided in this Section 3.02(c), failure by Landlord to any extent to furnish any services to Tenant, the Leased Premises and the Project, or any cessation thereof, shall not render Landlord liable in any respect for damages to person, property, or otherwise, nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. If any of the equipment or machinery utilized in supplying the services listed in Section 3.02 (Aa) Building Standard lightingbreak down, and or for any cause cease to function properly, Landlord shall, however, use reasonable diligence to repair the same promptly. Notwithstanding anything in this Section 3.02(c) to the contrary, if failure to provide the services under Section 3.02(a) for any reason within Landlord's reasonable control shall materially interfere with Tenant's use of the Leased Premises (Bor a portion thereof) sufficient electrical power for normal office machines purposes requiring Tenant to undertake measures out of the ordinary to conduct its business in the Leased Premises (including electric typewritersa "Material Interruption") for a period of five (5) consecutive business days, desk-top computer facilities then rent hereunder shall abat▇ ▇▇ the same proportion as the portion of the Leased Premises affected by the Material Interruption bears to the entire Leased Premises commencing on the sixth (6th) business day thereafter and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)continuing until the Material Interruption shall cease.

Appears in 1 contract

Sources: Lease (Charles River Associates Inc)

Services to be Furnished by Landlord. (a) So long as no Event of Default exists under this Lease, Landlord agrees to furnish to Tenant the following services: (1i) Facilities To the extent such provision by Landlord is Building Standard, Landlord shall provide facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and or as necessary to service any kitchen facilities and restrooms within the Premises approved are required by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))governmental authorities. (2ii) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4iii) All Building Standard fluorescent and incandescent bulb bulbs and ballast replacement replacements in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements . (iv) Electricity at a point of same service in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. allow Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer topcomputer facilities and desk-top word processing facilities) and other machines of similar electrical consumption ("Miscellaneous Power"). If Landlord determines that Tenant will require, or is consuming, Miscellaneous Power in excess of Building Standard, Tenant will be required to reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental equipment, that Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use). Landlord will install separate meters to all or a portion of the Premises, at the cost of Tenant, and require all charges for the utilities separately metered to the Premises to be billed to and paid directly by Tenant. If the Premises is separately metered (without any obligation to do so except as expressly provided in Section 4.2(f)), Landlord will make a corresponding adjustment to Tenant's Share of Basic Operating Cost Increases (so that Tenant's Share of Basic Operating Cost Increases will include only Tenant's Share of the cost of electrical current for the Common Areas and Service Areas of the Complex. (b) If any of the services Landlord is required to furnish hereunder are interrupted, Landlord will use reasonable diligence to restore the services promptly, but Tenant will have no claim for rebate of Rent, damages (including damages for business interruption) or eviction on account thereof. Notwithstanding the foregoing, subject to Section 9.3 (Casualty) and Section 10.1 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 7.1 for any period exceeding 5 consecutive business days (excluding Normal Business Holidays) after the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, or (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service (the "Interruption Notice Date") then so long as such failure is not caused by Tenant or any Tenant-Related Party, Landlord will allow Tenant an equitable abatement of Rent (based on the severity of the interruption and the amount of space unfit for occupancy) effective from the sixth business day (excluding Normal Business Holidays) following the Interruption Notice Date and ending on the day such portion of the Premises is again fit for occupancy and such service is restored.

Appears in 1 contract

Sources: Lease Agreement (OxySure Systems Inc)

Services to be Furnished by Landlord. (a) A. Landlord agrees to shall furnish Tenant the following services: : (1i) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat heating and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to provide a temperature condition required, in Landlord’s commercially reasonable judgment, for comfortable occupancy of the Premises (approximately between 68° — 72° (F) during seasonal weather conditions) under normal business operations and consistent with buildings in the local market comparable to the Building; provided that Tenant shall be responsible for the electricity necessary to operate the air conditioning serving the Premises during any period when such service is separately metered pursuant to the last sentence of Section 10; (ii) water for drinking, and, subject to Landlord’s approval, water at Tenant’s expense for any private restrooms and office kitchen requested by Tenant; (iii) janitorial service in the Premises and Common Areas on Business Days pursuant to the Cleaning Specifications attached hereto as Exhibit I as the same may be amended in a commercially reasonable manner from time to time; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this Lease and (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord. B. If Tenant requests any other utilities or Building services in addition to those identified in Section 6A, or any of the above utilities or Building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or Building services. Landlord may impose a reasonable charge for such additional utilities or Building services, which shall be paid monthly by Tenant as set forth Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as may be otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of utilities and Building services identified in Section 9(a)(8))6A in whole or in part, resulting from adherence to laws , regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes shall not render Landlord liable in any respect nor be construed as an actual or constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, except as otherwise expressly provided in this Lease. D. Notwithstanding anything to the contrary contained in this Section 6, if: (2i) Routine maintenance for all Common Areas and Service Areas of Landlord ceases to furnish any service in the Building for a period in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, excess of five (5) days per weekconsecutive Business Days after Tenant notifies Landlord of such cessation (the “Interruption Notice”); (ii) such cessation does not arise as a result of an act or omission of Tenant (or its employees, exclusive contractors, invitees or agents); (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) such cessation of Normal Business Holidaysservice is the result of causes, at events or circumstances within the Landlord’s reasonable control and the cure of such interruption is within Landlord’s reasonable control ; and (v) as a level comparable result of such cessation, the Premises or a material portion thereof, is rendered untenantable and Tenant in fact ceases to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in use the Premises, the Common Areas and the Service Areasor material portion thereof, provided then Tenant , as its sole remedy, shall be charged entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive Business Day after Landlord’s standard Building charge for all replacements receipt of same the Interruption Notice and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be equitably prorated based upon the portion of the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)so rendered untenantable and not used by Tenant. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Sige Semiconductor Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant Tenants the following servicesservices as part of the operations of the Building: (1a) Facilities for hot and cold water Water at those points of supply provided for general use of Tenant and other tenants in the Building and as necessary Building; (b) Subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use provisions of Tenant and its employeesParagraph 9, and central heat and air conditioning conditioning, at such temperatures and in season (such amounts as are considered by Landlord to be standard or as required by governmental authority for all of the cost of such service to common areas. Any costs for repair and/or replacement which are not covered under Tenant’s Service agreement set forth in said Paragraph 9, other than filters, shall be paid by Tenant and other tenants Landlord, The cost of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, filters and the cost of such service during other than Normal Business Hours replacement thereof, as to the demised Premises and not the common areas, shall be paid as set forth in Section 9(a)(8))borne by the Tenant. (2c) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain be standard including, but not limited to, elevator maintenance, landscape maintenance, parking lot maintenance, alarm service, roof repair and maintenance, and window cleaning. Said maintenance shall be performed in a professional manner consistent with the same in first class conditionuse of the Building for Bank and professional office uses. (3d) Janitorial serviceJanitor service and supplies to all Common Areas, five (5) days per weekMondays through Fridays, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three normal business holidays. (3) mile radius Note: The bathrooms on the ground floor of the BuildingBuilding within the Premises shall be maintained by Tenant). (4e) Subject to the provisions of Paragraph 11, facilities to provide all electrical current reasonably required by Tenant in its use and occupancy of the Premises; (f) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same ; (g) Security in the Premises during the Term (provided the cost form of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysshall be provided in such form as Landlord deems appropriate. Landlord may require those tenants requesting access to the Building during other than Normal Business Hours to pay a fee for such access in order to partially reimburse Landlord for the cost of the system which limits after-hours access. Notwithstanding the foregoing, at the inception of this Lease, there is no security system in place at the building which would result in a fee for after hours access. However, Landlord reserves the right to install a security system and charge such a reasonable fee in the future should the need for a system arise. Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s Landlords efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance thereto. Notwithstanding anything to the contrary contained above, until a system, other than a dead bolt lock system, is installed at the Building, Tenant shall be provided with Exhibit “C”.a key to the lobby doors for after hours access for Tenant and its employees. Tenant shall, at Tenant’s expense, install a security system for the space occupied by Tenant; and, (6h) Proper facilities Tenant shall be permitted to use elevators for normal passenger uses. For the purpose of moving bulky property in and out of the Building, Tenant shall be permitted to use the elevators only during other than Normal Business Hours and only after first obtaining Landlord’s consent to such use, request for such consent to be submitted not less than one (1) day in advance of each move. (Tenant shall promptly reimburse Landlord for all costs associated with the after-hours operation of the elevator service for moving purposes, including without limitation the cost of any operator or security personnel, and Tenant shall also promptly reimburse Landlord’s cost to repair any damage to the elevator cab(s) or the Building resulting from Tenant’s moving.) The failure by Landlord to any extent to furnish the defined services noted above, in whole or in part, or the interruption or termination of same, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction (Aconstructive or otherwise) Building Standard lightingof Tenant, and (B) sufficient electrical power nor cause an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services cease for normal office machines (including electric typewritersany reason to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines Tenant shall have no claim for offset or abatement of similar electrical consumption (“Miscellaneous Power”)rent or damages on account of an interruption in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Office Lease Agreement (Sun American Bancorp)

Services to be Furnished by Landlord. (a) A. Landlord agrees to shall furnish Tenant the following services: : (1i) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat heating and air conditioning in season (to the cost point of such service entry to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) Premises during Normal Business Hours, and the cost of such service during other than Normal Business Hours to provide a temperature condition required, in Landlord's reasonable judgment, for comfortable occupancy of the Premises under normal business operations; (ii) water for drinking, and, subject to Landlord's approval, water at Tenant's expense for any private restrooms and office kitchen requested by Tenant; (iii) janitorial service in the Premises and Common Areas on Business Days; (iv) electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 10 of this Lease; (v) passenger elevator service, 24 hours a day, 7 days a week; and freight elevator service on Business Days, upon request of Tenant and subject to scheduling and charges by Landlord; and (vi) snow and ice removal from the Common Areas on Business Days. B. If Tenant requests any other utilities or building services in addition to those identified in Section 6A, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services requested by Tenant, which shall be paid monthly by Tenant as set forth Additional Rent on the same day that the monthly installment of Base Rent is due. After hours HVAC service shall be available to the Premises. Landlord reserves the right to charge for after hours HVAC service upon giving written notice to Tenant during the Term. ▇▇▇▇▇▇▇▇’s current charge for after hours HVAC service is $85 per hour, subject to increase. Tenant shall give Landlord notice no later than noon (12:00 p.m.) on any Business Day on which Tenant requires after hours HVAC, and no later than noon (12:00 p.m.) on any day prior to a weekend and/or holiday for which Tenant requires after hours HVAC. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of utilities and Building services identified in Section 9(a)(8))6A in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes shall not render Landlord liable in any respect nor be construed as an actual or constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. D. Notwithstanding anything to the contrary contained in this Section 6, if: (2i) Routine maintenance for all Common Areas and Service Areas of Landlord ceases to furnish any service in the Building for a period in excess of seven (7) consecutive Business Days after Tenant notifies Landlord of such cessation; (ii) such cessation does not arise as a result of any willful misconduct or negligent act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Section 16 shall control); (iv) the manner restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or any material portion thereof, is rendered untenantable and Tenant in fact ceases to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in use the Premises, the Common Areas or material portion thereof, then Tenant, in addition to all other rights and the Service Areasremedies available to Tenant as a result of such cessation of services, provided Tenant shall be charged Landlord’s standard Building charge for all replacements entitled to receive an abatement of same Base Rent payable hereunder during the period beginning on the eighth (8th) consecutive Business Day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by the cessation in service, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)so rendered untenantable and not used by Tenant. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Monro, Inc.)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: : (1) Facilities for hot Hot and cold water at those points of supply provided service for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours through Hours. Tenant shall pay Landlord the use standard charge for the additional service as reasonably determined by Landlord from time to time; Landlord’s current hourly charge for additional, after hours HVAC is Thirty-five Dollars ($35.00) per hour, per floor in each of master entry cards and/or keys. the Lakeside Buildings; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days as outlined in Exhibit F. If Tenant’s use, floor covering or other improvements require special services in excess of the standard services for the Building or for comparable buildings in the central Perimeter submarket, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord’s failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a “Service Failure”) shall have no liability not render Landlord liable to Tenant, constitute a constructive eviction of Tenant, give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement. However, if the Premises, or a material portion of the Premises, is madeuntenantable or if Tenant is unable to operate its business for the Permitted Use as a result of the Service Failure for a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. Except in cases involving the gross negligence or willful misconduct of Landlord or Landlord’s agents or employees, agentsin no event, contractorshowever, inviteesshall Landlord be liable to Tenant for any loss or damage, or licensees for losses due to including the theft or burglary of Tenant’s Property (other than theft or burglary committed by employees of Landlorddefined in Article XV), arising out of or for damages done by unauthorized persons in connection with the Premises failure of any security services, personnel or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”equipment. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Sublease Agreement (Homebanc Corp)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (a) Landlord except as otherwise provided), agrees to furnish Tenant within the Premises and the Limited Common Areas the following services: (1) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building lavatories in the Limited Common Areas and as necessary to service in any kitchen facilities private lavatories and restrooms within kitchens in the Premises, and at all other valved outlets at the locations in the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central shown on Tenant's Space Plan. (2) Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex season, in accordance with Section 6(c)(3) the Building Standard HVAC specifications set forth on the attached Exhibit F-l, during Normal Business Hours and such other hours as may be requested by Tenant by written or telephonic notice delivered to Landlord at the office of the Building, during Normal Business Hours, and at least two (2) hours in advance of the cost beginning of the period of time for which such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))usage is requested. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar standard for first class office buildings within a three (3) mile radius of the Buildingin Bethesda, Maryland. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement Janitor service in accordance with the Premises, specifications set forth on the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”)attached Exhibit F-2 after 6:00 p.m. on Business Days. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to TenantAutomatically operated elevator service 24 hours a day, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”seven days a week. (6) Proper facilities Electricity for lighting purposes and operation of all of Tenant's equipment, subject to furnish the requirements of Section 11.B below. (A7) Adequate supplies for all of the toilet rooms located in the Limited Common Areas. (8) All electric bulbs and fluorescent tubes in permanently installed light fixtures in the Premises. (9) A reasonable number of keys to the suite entry doors to each portion of the Premises located on a separate floor of the Building; and (10) An electronic card security access system for the Building Standard lightingand the Parking Garage and a reasonable number of access cards for use by Tenant's employees and subtenants. B. The failure by Landlord to any extent to furnish, or the interruption or termination of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, except as follows. In the event that (i) electricity and/or heating or air conditioning (in season) of the Premises, or elevator service in the Building, shall not be furnished by reason of matters either (x) within the control of Landlord for more than three (3) consecutive business days, or (y) beyond the control of Landlord for more than five (5) consecutive business days, and (Bii) sufficient electrical power Tenant, in its reasonable business judgment, determines that it is unable to use and occupy the Premises (or any part thereof) as a result thereof, then the Base Rental Tenant is obligated to pay hereunder shall abate with respect to that part of the Premises which Tenant does ▇▇▇ ▇se and occupy, commencing on the fourth or sixth such day until the date on which such services and utilities are restored, unless the failure to furnish such services and utilities is caused by Tenant's acts or omissions or as otherwise provided in the last sentence of Section 4.E above. Landlord will use reasonable efforts to diligently remedy any interruption in the furnishing of any services or utilities required to be performed by Landlord hereunder. Should any of the equipment or machinery used in the provision of such services or utilities for normal office machines any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. Landlord shall use reasonable efforts not to interrupt or reduce utility services during Normal Business Hours for purposes of making discretionary alterations, improvements or repairs, and shall, if feasible, give Tenant at least twenty-four (including electric typewriters24) hours telephonic notice of any such interruption of utility service. C. Tenant expressly acknowledges that if Landlord, desk-top computer facilities from time to time, provides one or more lobby attendants (which Landlord will not do without Tenant's sole discretionary approval, and desk-top word processing facilitieswill do upon Tenant's written request provided Tenant bears all costs thereof as Additional Base Rental) or security services, Landlord shall not be deemed to have warranted the efficiency of any lobby attendant, security personnel, service, procedures or equipment and other machines Landlord shall not be liable in any manner for the failure of similar electrical consumption (“Miscellaneous Power”)any such security personnel, services, procedures or equipment to prevent or control, or apprehend anyone suspected of personal injury, property damage or any criminal conduct in, on or around the Property, unless such failure results from Landlord's negligence or willful misconduct.

Appears in 1 contract

Sources: Sublease (Informax Inc)

Services to be Furnished by Landlord. (a) 6.1 Landlord agrees to furnish Tenant the following services (defined services:): (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central Building. (b) Central heat and air conditioning at such temperatures and in season such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service at times other than for “Normal Business Hours” for the Building (as established by the Building Rules) shall be furnished only upon the written request of Tenant delivered to Landlord in accordance with the Building Rules. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))time. The current charge for after hours air conditioning is $25.00 per hour. (2c) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3d) Janitorial service, five (5) days per weekMonday through Friday, exclusive of Normal Business Holidaysnormal business holidays; provided, at however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay all additional cleaning cost attributable thereto as additional rent upon presentation of a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingstatement therefore by Landlord. (4e) Subject to the provisions of Paragraph 11, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (f) All Building building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5g) Limited Security in the form of limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysshall be provided in such form as Landlord deems appropriate. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in person s on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. 6.2 The failure by Landlord to any extent to furnish, or the interruption or termination of the defined services in whole or in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction (6constructive or otherwise) Proper facilities of Tenant, nor work and abatement of rent, nor relieve Tenant from the obligation to furnish (A) Building Standard lightingfulfill any covenant or agreement of this Lease. 6.3 Should any of the equipment or machinery used in the provision of defined services for any cause cease to function properly, and (B) sufficient electrical power Tenant shall have no claim for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom notwithstanding Tenant’s rights under Section 23.4. 6.4 Except as otherwise expressly provided herein Landlord shall not be required to make any repairs to the Premises other machines of similar electrical consumption (“Miscellaneous Power”)than structural remails to the Premises.

Appears in 1 contract

Sources: Lease Agreement (Amcomp Inc /Fl)

Services to be Furnished by Landlord. Landlord covenants and agrees with Tenant: (a) Landlord agrees To furnish the electricity and water utilized in operating the facilities serving the Leased Premises, except as otherwise provided herein. (b) So long as Lessee is not in default hereunder, Lessor shall furnish the Leased Premises during reasonable and usual business hours (which hours shall be from 8:00 A.M. to furnish Tenant 6:00 P.M. Monday through Friday, excluding holidays), the following services:services at Lessor's sole expense except as otherwise provided in this lease. (1i) Facilities Air-conditioning as reasonably required for hot comfortable use (subject to federal, state, and local regulations). Lessor retains the option of whether to keep the building air-conditioned on Saturdays, Sundays, and/or legal holidays. Whenever machines or equipment which generate unusual heat are used in the Leased Premises and affect temperature otherwise maintained by the building air-conditioning system, Lessor reserves the right to install supplementary air-conditioning units in the Leased Premises and the costs thereof as well as the cost of operation and maintenance thereof shall be paid by Lessee to Lessor simultaneous with Lessor's incurring any such cost or expense. (ii) Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and Building; central heat and air conditioning in season (season, at such times as Landlord normally furnishes these services to other tenants in the cost of Building and at such temperatures and in such amounts as are considered by Landlord to be standard, but such service on Saturday, Sundays and holidays to be paid by Tenant furnished only upon the request of Tenant, who shall bear the entire cost thereof; routine maintenance and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such electric lighting service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas public areas and Service Areas special service areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class condition. (3) Janitorial service, be standard. Landlord will furnish janitor service on a five (5) days per weekday week basis at no extra charge; provided, exclusive however, if Tenant's floor covering or other improvements are other than building standard, Tenant shall pay the additional cleaning cost attributable thereto as additional rent. Failure by Landlord to any extent to furnish these defined services, or any cessation thereof, resulting from causes beyond the control of Normal Business HolidaysLandlord, at a level comparable shall not render Landlord liable in any respect for damages to that provided in similar first class office buildings within a three (3) mile radius either person or property, nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Should any of the Buildingequipment or machinery break down, or for any cause cease to function properly, Landlord shall use reasonable diligence to repair same promptly, but Tenant shall have no claim for rebate of rent or damages on account of any interruptions in service occasioned thereby or resulting therefrom. (4iii) All Building Standard fluorescent Proper electrical facilities to furnish sufficient power for typewriters, voice writers, calculating machines and incandescent bulb and ballast replacement other machines of similar low electrical consumption; but not including electricity required for Radler Office Form 1/97 6 electronic data processing eq▇▇▇▇▇▇t which (singly) consumes more than 0.5 kilowatts per hour at a rated capacity or require a voltage other than 120 volts single phase. When hear generating machines, equipment, fixtures or other devices of any nature whatsoever are used in the Premisespremises by Tenant which affect the temperature otherwise maintained by the air conditioning system, Landlord shall have the Common Areas right to install supplementary air conditioning units in the premises, and the Service Areascost thereof, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided including the cost of same provided to other tenants’ premises installation and the cost of operation and maintenance thereof, shall be excluded from “Operating Costs”)paid by Tenant to Landlord upon demand by Landlord. Lessor has the right to meter and to charge Tenant for excessive consumption as well as the cost of installing such meter. (5c) Limited To use Landlord's best efforts to control access to the Building (or truck loading area and provide security to the floor on which Building during the Premises are located) weekends and after normal working hours during other than Normal Business Hours through the use of master entry cards and/or keysweek. Landlord shall have no liability not be liable to Tenant, its employees, agents, contractors, invitees, or licensees Tenant for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”premises. (6d) Proper facilities To furnish Tenant, free of charge, with two keys for each corridor door entering the Leased Premises. and additional keys will he furnished at a charge by Landlord equal to furnish (A) Building Standard lightingits cost plus 15% on an order signed by Tenant or Tenant's authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of Leased Premises without Landlord's permission, and Tenant shall not make, or permit to be made, any duplicate keys, except those furnished by Landlord. Upon termination of this Lease, Tenant shall surrender to Landlord all keys to the Leased Premises, and give to Landlord the explanation of the combination of all locks for safes, safe cabinets and vault doors, if any, in the Leased Premises. (Be) sufficient electrical power for normal office machines (including electric typewritersTo provide and install, desk-top computer facilities at Tenant's cost, all letters or numerals by or on doors in the Leased Premises; all such letters and desk-top word processing facilities) and other machines numerals shall be in the building standard graphics. Tenant will not paint, install lighting or decorations, or install any signs, window or door lettering or advertising media of similar electrical consumption (“Miscellaneous Power”)any type on or about the Leased Premises or any part thereof, without the prior written consent of Landlord.

Appears in 1 contract

Sources: Lease Agreement (Santa Fe Energy Trust)

Services to be Furnished by Landlord. Landlord shall furnish the following services to Tenant during the Term of this Lease while Tenant is occupying the Premises: (a) Landlord agrees Water, including cold water from mains for normal and ordinary drinking, lavatory and toilet purposes and other general use reasonably necessary to furnish operate the equipment shown on Exhibit A-2 (or replacements of such equipment which do not require more of such utilities than the original equipment), all drawn through fixtures installed by Landlord, or by Tenant with Landlord's written consent, and hot water for lavatory purposes and other general use reasonably necessary to operate the equipment shown on Exhibit A-2 (or replacements of such equipment which do not require more of such utilities than the original equipment) from regular Building supply at the prevailing temperature. Tenant shall not waste or permit the waste of water. (b) Except as specifically otherwise provided in Section 54(f), heating and air conditioning for normal comfort in Premises at the following services:times and days except holidays: from 6:00 a.m. to 8:00 p.m. Monday through Friday and from 9:00 a.m. to 1:00 p.m. on Saturdays, (1c) Facilities for hot Nightly housekeeping and cold water janitor service Monday through Friday in and about the Premises. Tenant shall not provide any janitor services without Landlord's prior written consent and then only (i) subject to supervision of Landlord and at those points of supply provided for general use of other tenants in the Building Tenant's sole responsibility and (ii) by janitor contractor or employees at all times satisfactory to Landlord. Areas to be designated by Tenant, such as necessary clean room, shall be off limits to service any kitchen facilities and restrooms within the Premises approved personnel without explicit consent of Tenant, except in cases of emergency. (d) Electrical current for lighting of Building standard fixtures provided by Landlord and provided solely for the use operation of low-wattage office machines (such as desktop computers, copiers and fax machines) and the equipment used in Tenant’s business; provided however, if Tenant’s requirements for electrical current exceed what can safely be furnished given the electrical facilities of the Building or would overload the Building’s capacity, then Landlord shall not be required to furnish such capacity until it has updated the capacity of the Building’s electrical facilities (installed new risers, etc.) so that it can safely meet Tenant’s electrical requirements, which shall be done at Tenant’s expense. Notwithstanding the foregoing, Landlord agrees that as of the Commencement Date the Building’s capacity shall be sufficient for the operation of the equipment set forth on Exhibit A-2 (or replacements of such equipment which do not require more of such utilities than the original equipment). Landlord shall pay up to a maximum of $1.50 per rentable square foot of the Premises average for the calendar year (which shall be an Operating Expense). Tenant shall pay to Landlord, upon within 30 days of receipt of Landlord’s invoice any amounts for electrical service actually used by Tenant above $1.50 per rentable square foot average for the calendar year. Landlord, at Landlord’s cost, shall install submeters to meter the electrical service to the Premises. (e) Electrical lighting services and its employees, and central heat heating and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas common areas and Service Areas special service areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard; however, heating and air conditioning need only be provided during 6:00 a.m. to 8:00 p.m. Monday through Friday and from 9:00 a.m. to 1:00 p.m. on Saturdays, holidays excepted. (3f) Janitorial Operatorless passenger elevator service in common with Landlord and other tenants, and dock access in common with Landlord and other Tenants daily; provided dock access shall only be available during 8:00 a.m. to 5:00 p.m. (“Normal Business Hours”) and shall not be provided Saturdays, Sundays, and holidays, unless Landlord otherwise consents (which consent may be granted or withheld in Landlord’s discretion) and, in any event at hours to be determined by Landlord. Freight elevator service, if furnished at other times, shall be deemed optional with Landlord and shall never be deemed a continuing obligation. (g) Normal interior and exterior repairs and maintenance to the extent not required of Tenant under Paragraph 13 below. Landlord may include the cost of such repair and maintenance as an Operating Expense. Any extra or additional services provided by Landlord in addition to those above and in Section 54(f) shall not be unreasonably withheld, and at rates established by Landlord to reflect actual cost. The money due for such extra or additional services shall be deemed Additional Rent due hereunder. In the event that by agreement with Tenant, Landlord furnishes such extra or additional services to be paid for by Tenant, a failure to pay for such services within five (5) days per weekafter notice shall authorize Landlord, exclusive in Landlord's discretion and without further notice, to refuse to continue providing such extra or additional services in the future and terminate any agreement for such extra or additional services unless and until (i) such delinquency is paid and/or (ii) Tenant deposits the reasonable cost of such extra or additional service with Landlord and no such discontinuance or termination of extra or additional service shall be deemed an eviction or disturbance of Tenant's use of Premises or render Landlord liable for damages or relieve Tenant from any obligation. The provisions of this particular paragraph shall apply only to extra or additional services provided by Landlord in addition to the services set out in subparagraphs 10.(a) through (g) above and as set out in Section 54(f) below. Nothing in this particular paragraph shall be construed to allow Landlord to discontinue providing the services set out in subparagraphs 10.(a) through (g) above and as set out in Section 54(f) below. Landlord does not warrant that any service will be free from interruptions caused by repairs, renewals, improvements, changes of service, break-downs, requirements of public utilities or public authorities, acts of other tenants, alterations, strikes, lockouts, labor controversies, civil commotion, riot, accidents, inability to obtain electrical power, fuel, steam, water, supplies or labor or other cause beyond the reasonable control of Landlord. No such interruption of service 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 damages, by abatement of Rent or otherwise, or relieve Tenant from performance of Tenant's obligations under this Lease. Tenant hereby waives and releases all claims against Landlord for damages for any interruption or stoppage of service. In no event shall Landlord be liable to Tenant for special or consequential damages. Tenant shall not install upon the Premises equipment or fixtures which will require extraordinary usage of such utilities without the prior written consent of Landlord, which consent shall not be unreasonably withheld. The equipment shown in Exhibit A-1 and Exhibit A-2, which is necessary for the normal conduct of Tenant’s business, is hereby approved by Landlord by execution of this Lease. It is intended that Tenant shall generally operate its business during Normal Business Hours. Notwithstanding the foregoing, Landlord’s providing certain services above (such as by way of example and not limitation, water and electricity) outside of Normal Business HolidaysHours or Landlord’s consent to the installation and operation of any of Tenant’s fixtures or equipment, at if Tenant (for example, by operating its business beyond Normal Business Hours) or any of Tenant’s equipment or fixtures shall use a level comparable to that provided disproportionate or extraordinary amount of services (such as HVAC or water) in similar first class excess of what is generally required for general office buildings within a three (3) mile radius use and for the operation of the Building. equipment set forth on Exhibit A-2 (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all or replacements of same in such equipment which do not require more of such utilities than the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”original equipment). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. , Landlord shall have no liability the right to (a) adjust the billing to account for such extraordinary or disproportionate use and (b) install at Landlord’s cost a separate meter for such utilities and charge the cost thereof directly to Tenant. Wherever heat generating machines or equipment are used in Premises which materially affect the temperature otherwise maintained by the air conditioning system, Landlord reserves the right to install, with a thirty (30) day notice to Tenant, its employees, agents, contractors, invitees, or licensees for losses due supplementary air conditioning units to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in serve the Premises and the cost, operation and maintenance thereof shall be paid by Tenant to Landlord at reasonable rates established by Landlord, provided Landlord has agreed that this shall not apply to the operation of the equipment set forth on Exhibit A-2 (or on replacements of such equipment which do not require more of such utilities or generate more heat than the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”original equipment).

Appears in 1 contract

Sources: Lease Agreement (Spacedev, Inc.)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority to accommodate building standard occupant lighting and electrical loads; provided, however, heating and air conditioning service at times other than for Normal Business Hours for the Building shall be furnished on a floor-by-floor basis only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one (1) Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as set forth in the Basic Lease Information and subject to change from time-to-time. All additional heating ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant. Utilities for any additional HVAC use including electrical power, and hot or chilled water shall be separately metered and the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hoursmeters, maintenance thereof, and the cost of such service during other than Normal Business Hours to the utilities shall be paid as set forth in Section 9(a)(8))at Tenant’s expense. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial serviceBasic janitor services on Business Days; provided, five (5) days per weekhowever, exclusive if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingstatement therefor by Landlord. (4d) All Building Standard fluorescent Subject to the provisions of Paragraph 11 hereof, facilities to provide electrical current required by Tenant in its use and occupancy of the Premises. (e) Fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge . (f) Elevators for all replacements ingress and egress to and from the floor of same in the Premises during the Term (provided the cost of same provided to Normal Business Hours and with at least one elevator available at all other tenants’ premises shall be excluded from “Operating Costs”)times. (5g) Limited Personnel specified by Tenant shall have access to the Building Premises twenty-four (or 24) hours per day, seven (7) days per week, fifty-two (52) weeks per year. Access control to the floor on which the Premises are located) Building during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdeems appropriate. Tenant shall cooperate fully in In Landlord’s efforts to maintain access control access in to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance thereto. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, TENANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT LANDLORD IS NOT WARRANTING THE EFFICACY OF ANY ACCESS PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT AND THAT TENANT IS NOT RELYING AND SHALL NOT HEREAFTER RELY ON ANY SUCH PERSONNEL, SERVICE, PROCEDURES OR EQUIPMENT. LANDLORD SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILURE OF ANY ACCESS PERSONNEL, SERVICES, PROCEDURES OR EQUIPMENT TO PREVENT, CONTROL, OR APPREHEND ANYONE SUSPECTED OF CAUSING PERSONAL INJURY OR DAMAGE IN, ON OR AROUND THE PROJECT. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for service from any company or companies providing electricity service (“Service Provider”). Tenant shall cooperate with Exhibit “C”. (6) Proper facilities Landlord and the Service Provider at all times and, as reasonably necessary, shall allow Landlord and Service Provider reasonable access to furnish (A) Building Standard lightingthe Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Service Provider is no longer available or suitable for Tenant’s requirements, no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. Landlord may, but is not obligated to, provide additional services hereunder; provided, however, that if Landlord does provide such extra services, Tenant agrees to pay a ten percent (B10%) sufficient electrical power administration fee for normal office machines (including electric typewritersthe provisions of such services. Except as otherwise expressly provided herein, desk-top computer facilities the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and desk-top word processing facilities) and administrative orders, force majeure or any other machines causes beyond the reasonable control of similar electrical consumption (“Miscellaneous Power”)Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery but, except as otherwise expressly provided herein, Tenant shall have no claim for offset, abatement of rent or damages or termination of this Lease on account of an interruption in service thereby or resulting therefrom. Except as expressly provided herein, Landlord shall not be required to make any repairs to or maintain the Premises.

Appears in 1 contract

Sources: Office Lease Agreement (Borland Software Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following servicesservices on 24 hours/7 days/52 weeks basis (except as otherwise specifically set forth or where such service is either regularly scheduled, such as janitorial, or periodic and/or responsive to circumstances such as routine maintenance or bulb replacement for examples) all of which shall be equivalent or superior to the Building Standard: (1) Facilities for hot and cold water at those points of supply provided for general use of Tenant and other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises reasonably approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning ("HVAC") in season (the cost of such service during Normal Business Hours to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours6(e)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)) to the standard set forth in Section 9 (e) below (the "HVAC Standard"). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class conditionbe Building Standard. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingas more particularly described on Exhibit "L" attached hereto. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited (but in any event 24 hour/7 days/52 weeks) access to the Building (or to the floor floors on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s 's efforts to control access in the Building and shall follow all reasonable regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit "C". (6) Proper Electricity and proper facilities to furnish (A) Building Standard all lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption and/or of a customary nature for a corporate headquarters office of this size ("Miscellaneous Power") to the level of the Building Electrical Standard. In the event Landlord determines in accordance with Section 6 (a) above that Tenant will require, or is consuming, special lighting in excess of the Building Electric Standard, Tenant shall reimburse Landlord for the cost of any Additional Equipment, which Landlord's engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Section 6 (a) shall govern the installation of separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant's Share of Basic Operating Costs. (7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and reasonable approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems. (8) HVAC during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at the After Hours HVAC Rate; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the After-Hours HVAC Rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service (in accordance with the definition of "After-Hours HVAC Rate" in Section 1 above). In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service. (9) An electronically controlled card access Building security system is provided controlling all entry areas to the Building, Building life safety systems and the Parking Areas, each in accordance with applicable Laws and building codes. (b) In the event Landlord agrees to provide any other additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of a reasonably detailed invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default). The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or any cessation thereof, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement set forth in this Lease. Should any of such services be interrupted, Landlord shall use reasonable diligence to restore the same promptly, but Tenant shall have no claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if there is an interruption in electrical power which is (a) specific to the Building (as opposed to an interruption or curtailment in electrical power which extends beyond the Building to include other properties), (b) causes the Premises to be untenantable, and (c) if caused by Landlord's negligence or willful misconduct, Tenant will be entitled to an abatement of Basic Rent commencing upon the sixth (6th) Business Day (or earlier to the extent Landlord is receiving insurance proceeds for such interruption under insurance for which the premiums are included in Basic Operating Costs) (in proportion to the portion of the Premises rendered untenantable by the interruption in electrical power) until such electric power is restored. (c) Notwithstanding anything to the contrary contained in this Lease, Landlord shall provide Tenant with access to the Premises, the Building, the Complex and the Parking Areas 24 hours per day, seven days per week and 52 weeks per year subject to Landlord's reserved rights as set forth in Section 32 hereof or elsewhere in this Lease and to the Rules and Regulations and such other reasonable access control and/or security procedures set forth herein or reasonably promulgated by Landlord hereunder. (d) Tenant shall also have non-exclusive access to and use of the loading dock of the Building for uploading, delivery and pickup activities (including reasonable associated "wait time") during Normal Business Hours and, upon compliance with Landlord's reasonable access procedures, during other than Normal Business Hours, in all cases, subject to this Lease and to the Rules and Regulations and such other reasonable access control and/or security procedures set forth herein.

Appears in 1 contract

Sources: Office Lease Agreement (FSP Galleria North Corp)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within lavatories on the floor(s) on which the Premises approved by Landlord is located and provided solely for in the use of Tenant break room and its employees, and central shower in the Premises. (2) Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, at such temperatures and in such amounts as are commercially reasonable for buildings of similar class, size, age and location, or as required by governmental authority. In the cost of such event that Tenant requires central heat, ventilation or air conditioning service during at times other than Normal Business Hours Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the cost of additional service determined to be $45.00 per hour as Additional Rent upon presentation of a statement therefore by Landlord. At Landlord’s option, If Tenant shall require water or electric current in excess of that usually furnished or supplied for use of the Premises as general office space, or after Normal Business Hours, Landlord may cause a water meter (or submeter) or electric current meter (or submeter) to be installed in the Premises, so as to measure the amount of water and electric current consumed by Tenant whether during Normal Business Hours or after hours. The cost of 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 water and electric current consumed as set forth shown by said meters, at the rates charged for such services by the City in which the Building is located or the local public utility, as the case may be, furnished the same. In the event Landlord installs such meters, then an appropriate adjustment to the Base Rent shall be made since Tenant will be paying for its utilities separately. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense (and may be included as part of the Tenant improvement expense referenced in Section 9(a)(8))5) subject to Landlord’s prior written approval. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Janitorial and cleaning service in and about the Premises on Business Days. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times reasonably satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited Passenger elevator service in common with Landlord and other persons and freight elevator service in common with the Landlord and other persons. (8) Provided Tenant and its employees will be allowed access to the Building (Premises at all times, day or night, access control to the floor on which the Premises are located) Building during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexreasonably deems appropriate. Tenant shall cooperate fully in Landlord’s 's reasonable efforts to maintain access control access in to the Building and shall follow all reasonable regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof, unless such failure is caused by the negligent or intentional acts or omissions of Landlord and continues without commencement of a cure for more than forty-eight (A48) Building Standard lightinghours at any time, and or for more than a cumulative total of ninety-six (B96) sufficient electrical power hours in any calendar year. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)Landlord shall use reasonable diligence to repair such equipment or machinery.

Appears in 1 contract

Sources: Office Lease (Clearone Communications Inc)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the use maintenance and repair of Tenant and its employees, and central any such water heater. (2) Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the cost of such event that Tenant requires central heat, ventilation or air conditioning service during at times other than Normal Business Hours Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as set forth in Section 9(a)(8))Additional Rent. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment and Tenant requests Landlord to provide cleaning services on such floor covering or other improvements, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11. of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited access Passenger elevator service in common with Landlord and other persons during Normal Business Hours and freight elevator service in common with the Landlord and other persons during Normal Business Hours. Such normal elevator service, passenger or freight, if furnished at other times, shall be optional with Landlord and shall never be deemed a continuing obligation. Landlord, however, shall provide limited passenger elevator service daily at all times when normal passenger elevator service is not provided. (8) Access control to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdeems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control access in to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in accordance with Exhibit “C”any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Project. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish (A) Building Standard lightingTenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and (B) sufficient electrical power administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)Landlord shall use reasonable diligence to repair such equipment or machinery.

Appears in 1 contract

Sources: Office Lease Agreement (Graymark Healthcare, Inc.)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and use in the lavatories on the floor(s) on which the Premises is located. If Tenant desires water in the Premises for any approved reason, including a private lavatory or kitchen, cold water shall be supplied, at those points Tenant’s sole cost and expense, from the Building water main through a line and fixtures installed at Tenant’s sole cost and expense with the prior reasonable consent of supply provided for general use of other tenants Landlord. If Tenant desires hot water in the Building Premises, Tenant, at its sole cost and as necessary expense and subject to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for the use maintenance and repair of Tenant and its employees, and central any such water heater. (2) Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the cost of such event that Tenant requires central heat, ventilation or air conditioning service during at times other than Normal Business Hours Hours, such additional service shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service as such costs are reasonably determined by Landlord from time-to-time, as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as set forth in Section 9(a)(8))Additional Rent. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited access Passenger elevator service in common with Landlord and other persons available 24 hours per day, 7 days per week including holidays and freight elevator service in common with the Landlord and other persons during Normal Business Hours. (8) Access control to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdeems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control access in to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted thereto. Notwithstanding anything herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that Tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in accordance with Exhibit “C”any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Project. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the Building, then Landlord shall use reasonable efforts to attempt to furnish (A) Building Standard lightingTenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and (B) sufficient electrical power administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)Landlord shall use reasonable diligence to repair such equipment or machinery.

Appears in 1 contract

Sources: Office Lease (Wageworks, Inc.)

Services to be Furnished by Landlord. (a) Landlord So long as no Event of Default exists under this Lease, ▇▇▇▇▇▇▇▇ agrees to furnish Tenant the following servicesservices to the Building Standard: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours6(e)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building (not to exceed existing Building design loads/capacity) or as required by governmental authorities (including energy conservation requirements). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, pursuant to the building standard janitorial schedule as shown on Exhibit K, attached hereto, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb lighting and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access Access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours and limited access during all other hours through the use of master entry cards and/or keyskeys fobs. Tenant will receive no more than 155 master entry cards and/or key fobs for the Premises. Tenant will reimburse Landlord for the cost of each additional card and/or key fob and for each replacement card and/or key fob and for any card and/or key fob lost by or stolen from Tenant. ▇▇▇▇▇▇ agrees to surrender all master entry cards and/or key fobs in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or key fobs will be canceled. Landlord shall will have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall will cooperate fully in Landlord’s ▇▇▇▇▇▇▇▇'s efforts to control access in the Building and shall will follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”.C. (6) Proper Electricity and proper facilities to furnish (A) Building Standard lightinglighting (which shall be defined as an average load of 0.82 ▇▇▇▇▇ per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption ("Miscellaneous Power"), provided that Tenant's Miscellaneous Power requirements shall not exceed eight (8) ▇▇▇▇▇ per square foot of Rentable Area of the Premises, of connected load or 0.82 ▇▇▇▇▇ per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3 phase or require more than 500 ▇▇▇▇▇ for any piece of equipment (the "Building Standard Electrical Design Load"). (7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems. (8) Heating and air conditioning during other than Normal Business Hours shall be furnished only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant will bear the cost of such heating and air conditioning service at a rate equal to $65 per hour; provided, however, there will be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after hours heating or air conditioning during the same period as Tenant, Landlord will equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service. (b) In the event Landlord agrees to provide any additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out of pocket cost, Tenant will reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default). (c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or any cessation thereof, will not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve ▇▇▇▇▇▇ from fulfillment of any covenant or agreement set forth in this Lease. Should any of such services be interrupted, Landlord will use reasonable diligence to restore the same promptly, but Tenant will have no claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding five (5) consecutive Business Days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord will allow Tenant an equitable abatement of Rent (based on the severity of the interruption and the amount of space unfit for occupancy) effective from the sixth (6th) Business Day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service is restored.

Appears in 1 contract

Sources: Office Lease Agreement (CarGurus, Inc.)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant the following services: (1) Facilities Water for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within lavatories on the floor(s) on which the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central is located. (2) Central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, at such temperatures and in such amounts as are considered by Landlord, in its reasonable judgment, to be standard for buildings of similar class, size, age and location, or as required by governmental authority. In the cost of such event that Tenant requires central heat, ventilation or air conditioning service during at times other than Normal Business Hours Hours, such additional service shall be furnished only upon the written request of Tenant. Tenant shall bear the entire cost of additional service as such costs are determined by Landlord from time-to-time (which are currently $65/hour, subject to change), as Additional Rent upon presentation of a statement therefor by Landlord. All additional heating, ventilating and air conditioning required (if any) to accommodate Tenant’s design shall be installed at the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation and maintenance of the equipment shall be the responsibility of the Tenant and paid to Landlord as set forth in Section 9(a)(8))Additional Rent. (23) Routine maintenance for Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same in first class condition. (3) Janitorial servicebe standard for buildings of similar class, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingage and location. (4) All Building Standard Janitorial and cleaning service in and about the Premises on Business Days; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a statement therefor by Landlord. Tenant shall not provide or use any other janitorial or cleaning services without Landlord’s consent, and then only subject to the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor, cleaning contractor or employees at all times satisfactory to Landlord. (5) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions of Section 11 of this Lease. (6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the lighting as established by Landlord and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (57) Limited access Access control to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form, as Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdeems appropriate. Tenant shall cooperate fully in Landlord’s efforts to maintain access control access in to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted thereto. Notwithstanding anything herein to the contrary, Tenant expressly acknowledges and agrees that Landlord is not warranting the efficacy of any access personnel, service, procedures or equipment and that tenant is not relying and shall not hereafter rely on any such personnel service, procedures or equipment. Landlord shall not be responsible or liable in accordance with Exhibit “C”any manner for failure of any access personnel, services, procedures or equipment to prevent, control, or apprehend anyone suspected of causing personal injury or damage in, on or around the Property. (6) Proper facilities B. If Tenant requests any other utilities or building services in addition to those identified above, or any of the above utilities or building services in frequency, scope, quality or quantities substantially greater than the standards set by Landlord for the building, then Landlord shall use reasonable efforts to attempt to furnish Tenant with such additional utilities or building services. Landlord may impose a reasonable charge for such additional utilities or building services, which shall be paid monthly by Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due. C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liability in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable diligence to repair such equipment or machinery. If, however, Tenant is prevented from using the Premises because of the unavailability of any such service for a period of five (A5) Building Standard lightingconsecutive business days following Landlord’s receipt from Tenant of a written notice regarding such unavailability, the restoration of which is within Landlord’s reasonable control, and such unavailability was not caused by a Tenant Party or a governmental directive, then Tenant shall, as its exclusive remedy be entitled to a reasonable abatement of Base Rent for each consecutive day (Bafter such 5-day period) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)that Tenant is so prevented from using the Premises.

Appears in 1 contract

Sources: Office Lease Agreement (VirtualArmour International Inc.)

Services to be Furnished by Landlord. (a) Landlord agrees to shall furnish Tenant during Tenant's occupancy of the Leased Premises the following services:Building standard services (the "Building -------- Standard Services") so long as an Event of Default has not occurred: ----------------- (1i) Facilities for Subject to Legal Requirements, common use rest rooms with hot and cold domestic water at those points of supply locations provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central Building. (ii) Central heat and air conditioning in season (the cost of season, subject to curtailment as required by Legal Requirements. Landlord shall furnish such service to be paid by Tenant between the hours (the "Building Operating ------------------ Hours") of 8:00 A.M. and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours6:00 P.M., Monday through Friday, and 8:00 ----- A.M. and 1:00 P.M., Saturday, excluding Holidays (defined below), with equipment designed to perform so that the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building average indoor conditions maintained in the manner Leased Premises during Building Operating Hours shall be a minimum of 72 F dry bulb +/-2 in the winter when the outdoor temperature is not lower than 22 F dry bulb and to a maximum of 78 F dry bulb +/-2 in the extent necessary to maintain summer when the same in first class condition. outdoor temperature is not higher than 92 F dry bulb, assuming sustained peak loading conditions of one (31) Janitorial service, five (5) days person per week, exclusive 311 square feet of Normal Business Holidays, at Usable Area and a level comparable to that provided in similar first class office buildings within a combined light and power demand load of three (3) mile radius ▇▇▇▇▇ per square foot of Usable Area. As used herein, "Holidays" shall mean the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building following days (or to the floor on which the Premises are located) during other than Normal Business Hours through the use day observed in lieu thereof by national banks): New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Upon request of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted made in accordance with Exhibit “C”the Project Rules (defined in Section 5.7), Landlord will furnish air conditioning, ventilating and heating at times other than Building Operating Hours, in which event Tenant shall pay Landlord the then current charges incurred by Landlord to provide such services. As of the Effective Date, the after hour HVAC charge is $35.00 per hour per floor (subject to a two (2) hour minimum); however such charge is subject to increase by Landlord based upon actual increases in costs that Landlord may incur. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (Entrust Technologies Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in The Building on the Building and as necessary to service any kitchen facilities and restrooms within the floor(s) on which The Premises approved by Landlord and provided solely for the use of Tenant and its employees, are located and central heat heal and air conditioning in season the Premises in season, al such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however. heating and air conditioning service at times other than for “Normal Business Hours” for the Building (which are 7:30 a.m. 10 6:00 pm. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of normal business holidays), shall be furnished only upon the written request of Tenant delivered to Landlord prior to 3:00 p.m. at lease three (3) days in advance of The date such usage is requested. Tenant shall bear the entire cost of such additional service allocable to be paid The Premises as such costs are determined by Tenant Landlord from lime to time and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of shall pay such service during other than Normal Business Hours costs to be paid as set forth in Section 9(a)(8))Landlord upon demand. (2b) Routine maintenance and electric lighting service for all Exterior Common Areas, Building Common Areas, Single Floor Common Areas on the floor on which the Premises arc located, and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial serviceJanitor service in the Premises, five (5) days per weekMonday through Friday, exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord’s employees In the furnishing by Landlord of janitorial services at such times (including Normal Business HolidaysHours) as Landlord elects to have the necessary work performed; provided, at however, that janitorial services performed by landlord during Normal Business Hours shall be performed in such a level comparable manner as to that provided in similar first class office buildings within a three (3) mile radius not interfere unreasonably with Tenants use of the BuildingPremises. (4d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Building Common Areas. Single Floor Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to on the floor on which the Premises are located, and Services Areas. (f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours through to pay a fee for access to partially reimburse Landlord for the use cost of master entry cards and/or keysthe system which limits after-hours access. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons on the Premises and Landlord shall not be required to insure against any such losses. The failure by Landlord to any extent to furnish these services or the interruption or termination of these defined services in whole or in part, resulting from causes beyond the reasonable control of Landlord shall neither render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the Premises or on the Complex. provision of such services for any cause cease to function properly, Tenant shall cooperate fully have no claim for offset or abatement of rent or damages on account of an interruption in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”service occasioned thereby or resulting therefrom. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Sublease Agreement (Englobal Corp)

Services to be Furnished by Landlord. (a) So long as no Event of Default exists under this Lease, Landlord agrees to furnish Tenant the following services: (1) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex Project in accordance with Section 6(c)(3) during Normal Business Hours6(d)(3), and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)), during Normal Business Hours, at such temperatures and in such amounts as are considered to be standard for similar class office buildings within a three (3) mile radius of the Building or as required by governmental authorities (including energy conservation requirements). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited Tenant shall have access to the Building at all times provided, however, except during Normal Business Hours access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours shall be limited through the use of master entry cards and/or keys. Tenant shall receive fifty (50) master entry cards and/or keys for the Premises. Tenant shall reimburse Landlord for the cost of each additional card and/or key and for each replacement card and/or key for any card and/or key lost by or stolen from Tenant. The cost of additional keys shall be $3.50 per key and the cost of additional cards shall be $20.00 per card. Tenant agrees to surrender all master entry cards and/or keys in its possession upon the expiration or earlier termination of this Lease. Any lost cards and/or keys shall be canceled. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the ComplexProject. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. Tenant may, at its sole cost and expense, install its own card-key access system to the Premises and other security devices within the Premises provided Tenant affords Landlord the ability to gain access to the Premises in circumstances expressly permitted by this Lease. (6) Proper Electricity and proper facilities to furnish (A) Building Standard lightinglighting (which shall be defined as an average load of two [2] w▇▇▇▇ per square foot of Rentable Area of the Premises multiplied by the number of Normal Business Hours in each month), and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”), provided that Tenant’s Miscellaneous Power requirements shall not exceed six (6) w▇▇▇▇ per square foot of Rentable Area of the Premises, of connected load or two (2) w▇▇▇▇ per square foot of Rentable Area of the Premises of demand load multiplied by the number of Normal Business Hours in each month (as measured by one or more separate watt hour meters), or require a voltage greater than 120/208 volts 3-phase or require more than 500 w▇▇▇▇ for any piece of equipment (the “Building Standard Electrical Design Load”). In the event Landlord determines that Tenant will require, or is consuming, special lighting in excess of Building Standard or Miscellaneous Power in excess of the Building Standard Electrical Design Load, Tenant shall reimburse Landlord for the cost of any additional equipment, such as transformers, risers and supplemental air conditioning equipment, which Landlord’s engineer reasonably deems necessary to accommodate such above-standard consumption (without implying any obligation on the part of Landlord to accommodate such use), and Landlord may install separate meters to all or a portion of the Premises at the cost of Tenant. In the event separate utility meters are provided to the Premises, Landlord may elect to have all charges for the utilities separately metered to the Premises billed directly to Tenant and Landlord shall make a corresponding adjustment to Tenant’s Share of Basic Operating Costs. (7) Passenger elevator service in common with other tenants of the Building for ingress to and egress from the floor(s) upon which the Premises are situated, twenty-four (24) hours a day, seven (7) days a week, and non-exclusive freight elevator service to the Premises during Normal Business Hours and at other times upon reasonable prior notice to Landlord and approval of the Building manager. Any passenger or freight elevator use shall be subject to the Rules and Regulations for the Building and shall be subject to temporary cessation for ordinary repair and maintenance and during times when life safety systems override normal Building operating systems. (8) Suite 120 and Suite 232 (the server room adjacent to Suite 260) shall be separately metered and heating and air conditioning shall be available to Tenant in such suite 24 hours a day, seven days a week. Heating and air conditioning during other than Normal Business Hours shall be furnished for Suite 260 (excluding Suite 232) only upon the prior request of Tenant made in accordance with such procedures as are, from time to time, prescribed by the Building manager, and Tenant shall bear the cost of such heating and air conditioning service at a rate equal to the cost incurred by Landlord to provide such service; provided, however, there shall be a two (2) hour minimum charge when such service is requested and the after-hours HVAC rate may be adjusted, from time to time, to reflect increases in the costs incurred by Landlord in providing such service. In the event any other tenant within the same HVAC zone as the Premises also requests after-hours heating or air conditioning during the same period as Tenant, Landlord shall equitably allocate the cost thereof among all tenants within the same HVAC zone requesting such service. (b) In the event Landlord agrees to provide any additional services at the specific request of Tenant, without implying any obligation on the part of Landlord to do so, the provision of such services shall, unless otherwise specifically agreed in writing, be subject to the availability of Building personnel, and, if the provision of any such service requires Landlord to incur any out-of-pocket cost, Tenant shall reimburse Landlord for the cost of providing such service (plus an administrative charge equal to ten percent [10%] of such cost, plus applicable sales tax) within ten (10) days following receipt of an invoice from Landlord. Unless Landlord has agreed with Tenant to the contrary in writing, Landlord may discontinue the provision of such additional service at any time upon thirty (30) days advance written notice (or immediately upon the occurrence of an Event of Default). (c) The unintentional failure by Landlord, to any extent, to furnish services required to be furnished by Landlord hereunder, or any cessation thereof, shall not render Landlord liable in any respect for damages (including, without limitation, business interruption damages) to persons or property, nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from fulfillment of any covenant or agreement set forth in this Lease. Should any of such services be interrupted, Landlord shall use reasonable diligence to restore the same promptly, but Tenant shall have no claim for rebate of Rent, damages or eviction on account thereof. Notwithstanding the foregoing, subject to Section 24 (Casualty Damage) and Section 25 (Condemnation), if any portion of the Premises becomes unfit for occupancy because Landlord fails to deliver any service required under this Section 9 for any period exceeding three (3) consecutive business days (excluding Normal Business Holidays) after receipt of notice of such failure from Tenant, and provided such failure is not caused by Tenant or any Tenant Related Party, Landlord shall allow Tenant an equitable abatement of Rent (based on the severity of the interruption and the amount of space unfit for occupancy) effective from the sixth (6th) business day (excluding Normal Business Holidays) following the earlier to occur of (i) the date on which Tenant first provided Landlord with written notice of the interruption of such service, and (ii) the date on which Landlord first acquired actual knowledge of the interruption of such service, until such portion of the Premises is again fit for occupancy and such service is restored.

Appears in 1 contract

Sources: Office Lease Agreement (Masergy Communications Inc)

Services to be Furnished by Landlord. (a) Subject to Paragraph 7 of this Lease, Landlord agrees to use commercially reasonable efforts to furnish Tenant the following services: (1a) Facilities for hot and cold water Water at those existing points of supply provided for the general or common use of Tenant and other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central Building. b) Central heat and air conditioning in season (to the cost of such service to be paid by Tenant Building, Service Areas, Common Areas, and other tenants of the Complex in accordance with Section 6(c)(3) Premises during Normal Business Hours, and Hours provided Tenant shall bear the entire additional cost of any "Overtime Use" of the air conditioning systems within Tenant's Premises as provided in Paragraph 14 below, provided further that such services may be interrupted or moderated (with shorter service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))hours or different temperature settings) by any policies or regulations of any utility or governmental agency. (2c) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard and/or reasonable. (3d) Janitorial serviceservice to the Premises and all Common Areas, five (5) days per weekMondays through Fridays, exclusive of Normal Business Holidaysnormal business holidays. e) Facilities to provide all electrical current as Landlord, at a level comparable to that provided in similar first class its sole discretion, determines is necessary for normal office buildings use within a three (3) mile radius the Premises and for use and operation of the BuildingCommon Areas (interior and exterior). (4f) All Building Standard fluorescent florescent bulb replacement in the Premises and florescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas; however, provided Tenant shall be charged Landlord’s standard Building charge pay for all replacements the replacement of same in the Premises during the Term (provided the cost of same provided to any "high hat" lights or any other tenants’ premises shall be excluded from “Operating Costs”)special or customized lighting. (5g) Limited Control of access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysshall be provided in such form as Landlord deems appropriate. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)bodily injury, death, or for damages done to or loss of property suffered or incurred by any party whomsoever, caused by or arising from theft or burglary or entry of unauthorized persons in onto the Premises Property and neither shall Landlord be required to insure against any such losses except if caused by the Landlord's gross negligence or on gross negligence of the ComplexLandlord's employees. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and on the Property and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Landlord. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Progressive Telecommunications Corp)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: (1) Facilities for hot Hot and cold water at those points of supply provided service for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located; (2) Heat and air conditioning in season during Normal Business Hours in accordance with the specifications attached hereto as EXHIBIT F or as otherwise required by governmental authority, provided that Landlord shall not be liable for any failure to maintain the temperature ranges set forth in EXHIBIT F to the extent that such failure arises out of either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering in the Premises closed during appropriate times when such portions of the Premises are exposed to direct sunlight, it being agreed that Landlord and Tenant shall work cooperatively with one another regarding a reasonable determination as to when such window coverings should be closed. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours Hours. Tenant shall pay Landlord the standard charge for the additional service as reasonably determined by Landlord from time to time. As of the date hereof, Landlord's charge for after hours heating and air conditioning service is $46.50 per hour for the first floor (or portion thereof) requested by Tenant, and $16.50 per hour for each additional floor (or portion thereof) requested by Tenant; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days in accordance with the cleaning specifications attached hereto as EXHIBIT G, or such other reasonably comparable specifications designated by Landlord from time to time. If Tenant's use, floor covering or other improvements require special services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; (7) Security to the Building, which may be provided through a security system involving any one or a combination of cameras, monitoring devices or guards, sign-in or identification procedures or other comparable system; (8) Replacement of Building standard fluorescent light bulbs/tubes in Building standard light fixtures within the use Premises; and (9) such other services as Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord's failure to furnish, or any interruption or termination of, services due to the application of master entry cards and/or keys. Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall have no liability not render Landlord liable to Tenant, its employeesconstitute a constructive eviction of Tenant, agentsgive rise to an abatement of Rent, contractorsnor relieve Tenant from the obligation to fulfill any covenant or agreement. However, inviteesif the Premises, or licensees a material portion of the Premises, is made untenantable for losses due a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft or burglary of Tenant's Property (other than theft or burglary committed by employees of Landlorddefined in Article XV), arising out of or in connection with the failure of any security services, personnel or equipment. Notwithstanding the foregoing, if a Service Failure (a) continues for damages done 60 consecutive days after the Service Failure; and (b) is not being diligently remedied by unauthorized persons in Landlord, Tenant, as its sole remedy, shall have the Premises right to elect to terminate this Lease within 10 days after the expiration of said 60 day period without penalty, by delivering written notice to Landlord of its election thereof; provided, however, if Landlord is diligently pursuing the repair or on restoration of the Complex. service, Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).not be

Appears in 1 contract

Sources: Office Lease Agreement (Nova Corp \Ga\)

Services to be Furnished by Landlord. A. Landlord, as part of Basic Costs (a) Landlord except as otherwise provided), agrees to furnish Tenant the following services: 1. Cold water for use in the existing (1as of the date hereof) Facilities for hallway drinking fountains and hot and cold water at those points of supply provided for general use of other tenants the lavatories and janitorial closets on the floors on which the Premises is located. If Tenant desires water in the Premises for any other reason, including a private lavatory or kitchen, cold water shall be supplied from the Building water main through a line and as necessary fixtures installed at Tenant's sole cost and expense with the prior reasonable consent of Landlord. If Tenant desires hot water (in addition to service the base building lavatories and janitorial closets) in the Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent of Landlord, may install a hot water heater in the Premises. Tenant shall be solely responsible for maintenance and repair of any kitchen facilities such hot water heater. 2. Core and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central perimeter heat and air conditioning in season (to the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) Premises during Normal Business Hours, at such temperatures and in such amounts as are in compliance with the cost following basic performance conditions attached hereto as Exhibit E, or as required by governmental authority, provided that Landlord shall not be liable for any failure to maintain the temperature ranges set forth in Exhibit E to the extent that such failure arises out of such service either (a) an excess density or electrical load within the Premises beyond any density or load limits specified in this Lease, or (b) modifications performed to the HVAC system by Tenant or any contractors retained by Tenant, or (c) Tenant's failure to keep the window covering in the Premises closed during periods when the Premises are exposed to direct sunlight. In the event that Tenant requires central heat, ventilation or air conditioning at hours other than Normal Business Hours Hours, such central heat, ventilation or air conditioning shall be furnished only upon the written request of Tenant delivered to be paid Landlord at the office of the Building prior to 3:00 p.m. of the Business Day for which such usage is requested, or if such usage is requested for other than a Business Day, prior to 3:00 p.m. of the Business Day immediately preceding the day for which service is requested. Tenant shall pay Landlord, as set forth Additional Base Rental, the entire cost of additional service as such costs are determined by Landlord from time to time. As of the date hereof, the charge for after hours HVAC service is: $25.00 per hour per quarter floor; $35.00 per hour per half floor; and $45.00 per hour per full floor. If Tenant desires after hour HVAC service for less than a full floor, Tenant's written notice to Landlord shall specify the portion of the floor for which after hours service is required. Landlord shall have the right to increase the rates of after hours HVAC service from time to time during the term of this Lease, provided in Section 9(a)(8))no event shall any such increase exceed the corresponding increase to Landlord in the cost of electricity and labor expended by Landlord in furnishing such after hours HVAC service. (2) Routine maintenance for 3. Maintenance and repair of all Common Areas and Service Areas of the Building in the manner and to the extent necessary reasonably deemed by Landlord to maintain the same be standard for Class A office buildings in first class conditionFairfield, Connecticut. 4. Janitor and cleaning service to the Premises on Business Days in accordance with Exhibit F (3) Janitorial serviceCleaning Specifications); provided, five (however, if Tenant's use, floor covering or other improvements require special services, Tenant shall pay the additional cost reasonably attributable thereto as Additional Base Rental. 5) days per week. Passenger and freight elevator service to both floors of the Premises in common with other tenants of the Building. Subject to the non-operation of certain passenger and freight elevators due to events of Force Majeure or during periods of maintenance, exclusive repair, renovation or replacement, Landlord, as part of Basic Costs, shall provide public elevator service from the Building Lobby and Garage to the Premises by six passenger elevators and one freight elevator during Normal Business HolidaysHours, provided that, subject to Force Majeure, at a level comparable least one passenger elevator and one freight elevator shall be available for Tenant's use at all other times. Use of the freight elevator, however, shall be subject to that provided in similar first class office buildings within a three (3) mile radius advance scheduling, taking into consideration the scheduled usage of Landlord and the other tenants and occupants of the Building. 6. Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions set forth in Article XI of this Lease. 7. Landlord will maintain not less than one (41) All roving security guard at the Building Standard fluorescent 24-hours per day for each and incandescent bulb every day of the Lease Term. Provided that such security guard is on call by radio, walkie talkie or other similar means of communication and ballast replacement is available to provide service to the Building, such security guard may be stationed at the Building or the building commonly known as Three Stamford Plaza and/or may rove between the Building and the building known as Three Stamford Plaza. Landlord shall also (i) maintain sign-in procedures or another comparable method of keeping track of persons entering the Building after Normal Business Hours, and (ii) have closed circuit TV surveillance in selected portions of the Garage and Building lobby areas, which closed circuit cameras shall be monitored by security personnel located at the Building or the building known as Three Stamford Plaza. Notwithstanding the foregoing to the contrary, the means, method or system of security may be reasonably changed and replaced by Landlord, provided that at all times the security system shall be reasonably comparable to the existing security system described above. In making any such changes, Landlord shall use reasonable efforts to assure that the Building's security system is comparable to other first-class office buildings of similar age in Stamford, Connecticut, provided that any decision as to whether the cost of a particular upgrade will justify the anticipated benefit to be derived therefrom shall be made by Landlord in its reasonable discretion. B. The failure by Landlord to any extent to furnish, or the interruption or termination of, any services in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements, alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Landlord shall use reasonable efforts to repair such equipment or machinery as promptly as possible. Notwithstanding anything to the contrary contained in this Section VII.B. if: (i) Landlord ceases to furnish any service in the Building or Premises which Landlord is required to supply under Article VII.A. above for a period in excess of three (3) consecutive days after Tenant notifies Landlord of such cessation (the "Interruption Notice")(provided that such Interruption Notice shall not be required if Landlord has independent knowledge of the cessation of such service), (ii) such cessation does not arise as a result of an act or omission of Tenant, (iii) such cessation is not caused by a fire or other casualty (in which case Article XIX shall control), (iv) the restoration of such service is reasonably within the control of Landlord, and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises or any portion thereof in the normal course of its business) and Tenant in fact ceases to use the Premises, the Common Areas and the Service Areasor material portion thereof, provided Tenant then Tenant, as its sole remedy, shall be charged Landlord’s standard Building charge for all replacements entitled to receive an abatement of same in the Premises Base Rental and Additional Base Rental payable hereunder during the Term period beginning on the first (provided 1st) day of such cessation and ending on the cost day when the service in question has been restored. C. Landlord shall not be deemed to have warranted the efficiency of same provided any security personnel, service, procedures or equipment. Notwithstanding the foregoing, Landlord's failure to other tenants’ premises maintain the security described in Section VII.A.7 above shall be excluded from “Operating Costs”)considered to be a default by Landlord. (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease (Trenwick Group Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot and cold water Water at those points of supply provided for general use of Tenant and other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)).Building; (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial service, five (5) days per weekservice to the Premises and all Common Areas Mondays through Fridays, exclusive of Normal Business Holidaysnormal business holidays; provided, at however, if Tenant's floor covering or other improvements to the Premises require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingstatements therefore by Landlord. (4d) Subject to the provisions of Paragraph 13, facilites to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5f) Limited Security in the form of limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. shall be provided in such form as Landlord deems appropriate Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s 's efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. (6g) Proper facilities Elevator service to each floor of the Premises provided that Tenant shall be permitted to use such elevators for the purpose of moving bulky property in and out of the Building only during other than Normal Business Hours and only after first obtaining Landlord's consent to be submitted not less than five (5) days in-advance of each move. Tenant shall promptly reimburse Landlord for all costs associated with the after-hours operation of the elevator service for moving purposes, including without limitation the cost of any operator or security personnel and Tenant shall also promptly reimburse Landlord's cost to repair any damage to the elevator cab(s) or the Building resulting from Tenant's moving. The failure by Landlord to any extent to furnish the defined services noted above in whole or in parts or the interruption or termination of same, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction (Aconstructive or otherwise) Building Standard lightingof Tenant nor cause an abatement of rent nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services cease for any reason to function properly, and (B) sufficient electrical power Tenant shall have no claim for normal office machines (including electric typewritersoffset or abatement of rent or damages on account of an interruption in service occasioned thereby, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)or resulting therefrom.

Appears in 1 contract

Sources: Office Lease Agreement (Zix Corp)

Services to be Furnished by Landlord. (a) A. Landlord agrees to furnish Tenant with the following services: (1) Facilities Water service for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are locatedlocated and for the kitchen pantry area located in the Premises as approved and constructed under the Workletter; (2) Heat and air conditioning in season during Normal Business Hours, at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority. Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours through Hours. Tenant shall pay Landlord the use standard charge for the additional service as reasonably determined by Landlord from time to time. As of master entry cards and/or keysthe date hereof, Landlord's charge for after hours HVAC service is $28.68 per hour per floor; (3) Maintenance and repair of the Property as described in Section IX.B.; (4) Janitor service on Business Days, which janitor services shall be consistent with services provided in other similar class buildings in the Perimeter Center area in Atlanta, Georgia. If Tenant's use, floor covering or other improvements require special janitorial services in excess of the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (5) Elevator service; (6) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; and (7) such other services as Landlord reasonably determines are necessary or appropriate for the Property. B. Landlord's failure to furnish, or any interruption or termination of, services due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall have no liability not render Landlord liable to Tenant, its employeesconstitute a constructive eviction of Tenant, agentsgive rise to an abatement of Rent, contractorsnor relieve Tenant from the obligation to fulfill any covenant or agreement. However, inviteesif the Premises, or licensees a material portion of the Premises, is made untenantable for losses due a period in excess of 3 consecutive Business Days as a result of the Service Failure, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered untenantable and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or damage, including the theft or burglary of Tenant's Property (other than theft or burglary committed by employees of Landlorddefined in Article XV), arising out of or for damages done by unauthorized persons in connection with the Premises failure of any security services, personnel or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”equipment. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Interliant Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services:services as an Operating Expense for the Building (except as specifically provided below): (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season season, at such temperatures and in such amounts as are considered by Landlord to be standard or as required by governmental authority; provided, however, heating and air conditioning service (“HVAC”) at times other than “Normal Business Hours” for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of federally recognized holidays), shall be furnished upon receipt of a phone request by Tenant utilizing Landlord’s computer which permits Tenant to make phone requests for such HVAC. Tenant shall bear the entire cost of such additional service as such costs are determined by Landlord from time to be paid by time. Notwithstanding the foregoing, Tenant and other tenants shall receive twenty (20) hours of HVAC at no charge (“Free HVAC Hours”) each month of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and initial Lease Term. Any unused Free HVAC Hours shall not be carried over to the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))next month. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas service areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial service, five (5) days per a week, exclusive of Normal Business Holidaysfederally recognized holidays; provided, at however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as Additional Rent upon presentation of a level comparable statement therefor by Landlord. (d) Subject to that provided the provisions of Article 13, facilities to provide all electrical current required by a typical office user, as determined by Landlord, in similar first class office buildings within a three its use and occupancy of the Premises. (3e) mile radius All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Common Areas of the Building. (4f) All Building Standard fluorescent and incandescent bulb and ballast replacement Security in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements form of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysshall be provided in such form as Landlord deems appropriate. Landlord may charge a fee for card keys or other security devices. Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by resulting from the actions of unauthorized persons in on the Premises or on in the ComplexBuilding and Landlord shall not be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with which respect thereto which are adopted thereto. The failure by Landlord to any extent to furnish, or the interruption or termination of these defined services in accordance with Exhibit “C”whole or part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement or rent or damages on account of an interruption in service resulting therefrom. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (CardioVascular BioTherapeutics, Inc.)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot and cold water Water at those points of supply provided for general use of Tenant and other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central Building. (b) Central heat and air conditioning in season (the cost common areas of the building, at such service temperatures and in such amounts as are considered by Landlord to be paid as required by Tenant governmental authority, provided, Hours” for the Building (which are 8:00 a.m. to 6:00 p.m. on Mondays through Fridays and other tenants 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))normal business holidays. (2c) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3d) Janitorial serviceservice for Common Areas and the leased premises, five (5) days per weekwhich shall be provided Mondays through Fridays, exclusive of Normal Business Holidaysnormal business holidays; (e) Subject to the provisions of Paragraph 13, at a level comparable Tenant’s cost, Landlord to that provided provide all electrical current required by Tenant in similar first class office buildings within a three (3) mile radius its use and occupancy of the BuildingPremises except for service within the Premises which is separately metered by FPL for account of Tenant. (4f) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5g) Limited Security in the form of limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keysshall be provided in such form as Landlord deems appropriate. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted thereto. Tenant will be furnished two (2) Restroom keys, two sets of entry door keys, and, if utilized in accordance with Exhibit the property’s security system(s), two electronic entry C”Fobs” at no charge. Tenant will be charged $10.00 for each additional key issued to Tenant. Tenant will be charged $25.00 for each additional swipe card issued to Tenant. (6h) Proper facilities Elevator service to each floor of the Premises provided that Tenant shall be permitted to use such elevators for the purpose of moving bulky property in and out of the Building only during other than Normal Business Hours and only after first obtaining Landlord’s consent to be submitted not less than five (5) days in-advance of each move. Tenant shall promptly reimburse Landlord for all costs associated with the after-hours operation of the elevator service for moving purposes, including without limitation the cost of any operator or security personnel and Tenant shall also promptly reimburse Landlord’s cost to repair any damage to the elevator cab(s) or the Building resulting from Tenant’s moving. The failure by Landlord to any extent to furnish the defined services noted above in whole or in parts the interruption or termination of same, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction (Aconstructive or otherwise) Building Standard lightingof Tenant nor cause an abatement of rent nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services cease for any reason to function properly, and (B) sufficient electrical power Tenant shall have no claim for normal office machines (including electric typewritersoffset or abatement of rent or damages on account of an interruption in service occasioned thereby, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”)or resulting therefrom.

Appears in 1 contract

Sources: Office Lease Agreement (IFLI Acquisition Corp.)

Services to be Furnished by Landlord. Landlord shall furnish the following services (the “Landlord Services”), such services to be provided at all times during the Lease Term (i.e. 24 hours per day, 7 days per week) and at a level substantially similar to that provided in Class A multi-tenant office buildings in the Dallas Central Business District (unless otherwise specified): (a) Landlord agrees to furnish Tenant the following services: (1) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, sanitary sewer, and central heat and air conditioning (on a twenty-four (24) hour per day, seven (7) day per week basis) in season (“HVAC Services”). Notwithstanding the foregoing, Tenant shall be entitled to install a supplemental HVAC system and/or one or more supplemental HVAC units in the Premises, at Tenant’s sole cost and expense, subject to the provisions of such Paragraph 17 below. (b) Routine cleaning, maintenance, repairs and electric lighting service for the Complex, including cleaning and maintenance of all sidewalks, walkways, driveways, parking facilities, and landscaping in the common areas. (c) All Building standard fluorescent and incandescent bulb replacement in the Complex. (d) Security services to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and (subject to the cost following provisions of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)this Paragraph 9). (2e) Routine maintenance Electric current to the Premises of six (6) ▇▇▇▇▇ per rentable square foot thereof (five (5) ▇▇▇▇▇ per rentable square foot for power (connected load) and one (1) watt per rentable square foot for lighting); (f) Passenger elevators providing ingress to and egress from all Common Areas and Service Areas of floors within the Building in the manner and Premises and, to the extent necessary applicable, the parking facilities. Landlord shall ensure that all elevators included in Base Building Improvements remain operational at all times during the Lease Term (subject only to maintain the same in first class conditionunavailability for reasonable periods as required for repair or maintenance, provided that at least one passenger elevator shall remain available during such periods). (3g) Janitorial servicecleaning service to the Premises, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three including garbage removal and window washing (3) mile radius which window washing shall be effected no less often than once per year for the interior window washing and twice per year for washing the exterior of the Buildingwindows), however in any event such janitorial services shall include those janitorial specifications set forth on Exhibit K attached hereto. Tenant reserves the right to perform its own janitorial services within the Premises, in which event Landlord thereafter shall have no further obligation under this Lease to provide any such services unless Tenant subsequently requests in writing that Landlord resume providing such services; provided, that (i) during any period in which Tenant has elected to perform such services, Base Rental shall be reduced by the cost savings realized by Landlord as a result thereof (which costs shall also be excluded from Basic Costs), (ii) Tenant shall be responsible for the performance such services for at least twelve (12) months before requesting that Landlord resume providing such services, and (iii) Landlord shall not be required to resume the performance of any such services more than once in any five year period unless performance issues had originally prompted Tenant to elect to perform such services for itself. (4h) All Building Standard fluorescent Electric lighting for all common areas. (i) Access to the Premises and incandescent bulb and ballast replacement all parking facilities on a 24-hour-per-day, 7-day-per-week, basis. (i) during any period in which Tenant has elected to perform such services, Base Rental shall be reduced by the Premisescost savings realized by Landlord as a result thereof (which cost savings have been stipulated by the parties to be $180,000 annually for purposes of computing such Base Rental reduction), the Common Areas and the Service Areaswhich costs shall also be excluded from Basic Costs, provided (ii) Tenant shall be charged responsible for the performance such services for at least twelve (12) months before requesting that Landlord resume providing such services, and (iii) Landlord shall not be required to resume the performance of any such services more than once in any five year period unless performance issues had originally prompted Tenant to elect to perform such services for itself. Subject to Landlord’s standard Building charge compliance with the foregoing, Landlord shall not be liable to Tenant, and Tenant hereby waives any claim against Landlord for all replacements (i) any unauthorized or criminal entry of same third parties into the Premises or Complex, (ii) any damage to persons or property, or (iii) any loss of property in and about the Premises or Complex from an unauthorized or criminal acts of third parties, regardless of any action, inaction, failure, breakdown or insufficiency of security (unless resulting from the gross negligence or willful misconduct of Landlord or its principals, officers, directors, employees or agents). Notwithstanding the foregoing, Tenant shall be entitled to install in the Premises during the Term (provided the a separate security and/or access system, at Tenant’s sole cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access and expense, subject to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use provisions of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”Section 17 below. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Sublease Agreement (A. H. Belo Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within on the floor(s) on which the Premises approved by Landlord and provided solely for the use of Tenant and its employees, are located and central heat and air conditioning in season (the cost of Premises in season, at such service temperatures and in such amounts as are reasonably considered by Landlord to be paid standard or as required by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hoursgovernmental authority. Landlord shall provide heating, air-conditioning, utilities, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). electricity twenty-four (224) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. hours per day, seven (3) Janitorial service, five (57) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4b) All Routine maintenance and electric lighting service for all Exterior Common Areas, Building Standard fluorescent and incandescent bulb and ballast replacement in the PremisesCommon Areas, the Single Floor Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to on the floor on which the Premises are located, and Service Areas in the manner and to the extent deemed by Landlord to be standard. (c) Janitor service in the Premises, Monday through Friday, exclusive of normal business holidays; provided, however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord's employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not interfere unreasonably with Tenants use of the Premises. (d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas. (f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours through to pay a fee for access to partially reimburse Landlord for the use cost of master entry cards and/or keysthe system which limits after-hours access. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in on the Premises or on the Complexand Landlord shall not be required to insure against any such losses. Tenant shall shall (a) cooperate fully in Landlord’s 's efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities thereto. The failure by Landlord to any extent to furnish (A) Building Standard lightingthese services or the interruption or termination of these defined services in whole or in part, and (B) sufficient electrical power resulting from causes beyond the reasonable control of Landlord shall neither render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines Tenant shall have no claim for offset or abatement of similar electrical consumption (“Miscellaneous Power”)rent or damages on account of an interruption in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Lease Agreement (Englobal Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following servicesfollowing: (1a) Facilities for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesBuilding, and central heat and air conditioning in season (the cost of season, at such service temperatures and in such amounts as are considered by Landlord to be paid standard or as required by Tenant governmental authority; provided, however, heating and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such air conditioning service during at times other than for Normal Business Hours for the Building shall be furnished only upon the written request of Tenant delivered to be paid Landlord prior to 3:00 p.m. at least one (1) business days in advance of the date for which such usage is requested. Tenant shall bear the entire cost of additional service, as set forth in Section 9(a)(8))such costs are determined by Landlord from time to time, and shall pay the same as additional Rent upon presentation of a statement therefor by Landlord. (2b) Routine maintenance and electric lighting service for all Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3c) Janitorial Janitor service, five (5) days per week, exclusive of Normal Business Holidaysnormal business holidays; provided, at however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional Rent upon presentation of a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Buildingstatement therefor by Landlord. (4d) Subject to the provisions of Paragraph 12, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises necessary to maintain the lighting provided as a part of the Shell Improvements and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5f) Limited Landlord shall provide limited access to the Building (or to the floor on which the Premises are located) during other than before and after Normal Business Hours through in the use form of master special limited access entry cards and/or keys("Entry Cards") for Tenant and its employees. An Entry Card shall not automatically qualify Tenant or any of its employees for an access card to the "Parking Garage" as defined in and pursuant to the terms of Exhibit "F". Landlord agrees to provide Tenant with up to, but not in excess of, sixteen (16) Entry Cards for a refundable deposit of $15.00 per card. However, Tenant shall pay Landlord for any additional or replacement cards, in such amount as Landlord shall, from time to time, determine. The current cost required for a replacement card is $15.00 per card. Landlord shall be entitled to cancel (by computer entry) any lost or stolen cards of which it becomes aware. Tenant shall promptly notify Landlord of any lost or stolen cards. Landlord shall have no liability to Tenant, its employees, agents, contractors, 3 invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done committed by unauthorized persons in the Premises or on the ComplexPremises; and neither shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s 's efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto thereto. Tenant further agrees to surrender all Entry Cards in its possession upon the expiration or earlier termination of this Lease. No interruption or malfunction of any utility service shall constitute an eviction or disturbance of Tenant's use or possession of the Premises or a breach by Landlord of any of Landlord's obligations hereunder or render Landlord liable or responsible to Tenant for any loss or damage which are adopted Tenant may sustain or incur if either the quantity or character of any utility service is changed or is no longer available to or is no longer suitable for Tenant's requirements or entitle Tenant to be relieved from any of Tenant's obligations hereunder, including, without limitation, the obligation to pay Rent, or grant Tenant any right to set-off, abatement, or recoupment. At any time when Landlord is making such facilities for such utility services available to the Premises, Landlord may, at Landlord's option, upon not less than thirty (30) days prior written notice to Tenant, discontinue the availability of any such utility service. If Landlord gives any such notice of discontinuance, Landlord shall make all the necessary arrangements with the public utility service supplying the utility to the area in accordance which the Building is located with Exhibit “C”. respect to obtaining such utility service to the Premises; but Tenant will contract directly with such public utility service for the supplying of such utility services to the Premises. Failure to any extent to make available, or any slowdown, stoppage, or interruption of, the specified utility services resulting from any cause, including, without limitation, Landlord's compliance with any voluntary or similar governmental or business guidelines now or hereafter published or any requirements now or hereafter established by any governmental agency, board, or bureau having jurisdiction over the operation of the Building shall not render Landlord liable in any respect for damages to either persons, property, or business, nor be construed as an eviction of Tenant or work an abatement of Rent, nor relieve Tenant of Tenant's obligations for fulfillment of any covenant or agreement hereof. Should any equipment or machinery furnished by Landlord breakdown or for any cause cease to function properly, Landlord shall use reasonable diligence to repair some promptly, but Tenant shall have no claim for abatement of Rent or damages on account of any interruption of service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, in the event that Tenant shall give notice to Landlord stating correctly that any cessation of a service described in Subparagraphs 6(a) or 6(d) above (6not caused by Tenant, its agents, customers, servants, contractors, employees, or invitees) Proper facilities to furnish (A) Building Standard lightingshall have rendered all or any portion of the Premises untenantable, and in the event that such cessation continues for a period of five (B5) sufficient electrical power for normal office machines or more consecutive days after Landlord receives such notice from Tenant, and in the further event that Tenant ceases occupying such portion of the Premises solely on account of such cessation, then rent shall abat▇ ▇▇ to such portion of the Premises from and after the later to occur of (including electric typewritersi) the sixth (6th) day following the day Tenant gave such notice, desk-top computer facilities and desk-top word processing facilitiesor (ii) and other machines the date Tenant so ceases occupancy, until such service is restored or Tenant reoccupies such portion of similar electrical consumption the Premises (“Miscellaneous Power”whichever date is earlier).

Appears in 1 contract

Sources: Office Lease Agreement (Fortune Petroleum Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1a) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within on the floor(s) on which the Premises approved by Landlord and provided solely for the use of Tenant and its employees, are located and central heat and air conditioning in season (the cost of Premises in season, at such service temperatures and in such amounts as are reasonably considered by Landlord to be paid standard or as required by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hoursgovernmental authority. Landlord shall provide heating, air-conditioning, utilities, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). electricity twenty-four (224) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. hours per day, seven (3) Janitorial service, five (57) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4b) All Routine maintenance and electric lighting service for all Exterior Common Areas, Building Standard fluorescent and incandescent bulb and ballast replacement in the PremisesCommon Areas, the Single Floor Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to on the floor on which the Premises are located, and Service Areas in the manner and to the extent deemed by Landlord to be standard. (c) Janitor service in the Premises, Monday through Friday, exclusive of normal business holidays; provided, however, if Tenant’s floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning cost attributable thereto as additional rent upon presentation of a statement therefor by Landlord. Tenant shall cooperate with Landlord’s employees in the furnishing by Landlord of janitorial services at such times (including Normal Business Hours) as Landlord elects to have the necessary work performed; provided, however, that janitorial services performed by Landlord during Normal Business Hours shall be performed in such a manner as to not interfere unreasonably with Tenants use of the Premises. (d) Subject to the provisions of Paragraph 13, facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (e) All Building Standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb replacement in the Building Common Areas, Single Floor Common Areas on the floor on which the Premises are located, and Service Areas. (f) Landlord may elect to provide security in the form of limited access to the Building during other than Normal Business Hours. In such event Landlord may require those tenants requesting access to the Building during other than Normal Business Hours through to pay a fee for access to partially reimburse Landlord for the use cost of master entry cards and/or keysthe system which limits after-hours access. Landlord Landlord, however, shall have no liability to Tenant, its employees. Agents, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in on the Premises or on the Complexand Landlord shall not be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s efforts to control access maintain security in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities thereto. The failure by Landlord to any extent to furnish (A) Building Standard lightingthese services or the interruption or termination of these defined services in whole or in part, and (B) sufficient electrical power resulting from causes beyond the reasonable control of Landlord shall neither render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for normal office machines (including electric typewritersany cause cease to function properly, desk-top computer facilities and desk-top word processing facilities) and other machines Tenant shall have no claim for offset or abatement of similar electrical consumption (“Miscellaneous Power”)rent or damages on account of an interruption in service occasioned thereby or resulting therefrom.

Appears in 1 contract

Sources: Lease Agreement (Englobal Corp)

Services to be Furnished by Landlord. A. Services to the Building and Premises shall be provided as follows: 1. If Tenant is leasing 100% of the rentable area in the Building or if Tenant's Pro Rata Share, as defined in Section I.E. above, is 100% (ain either event, for purposes of this Lease, Tenant shall be deemed the "Sole Tenant of the Building"), Landlord shall make available to the exterior of each of the 2051 Building and the 2061 Building (but shall not be responsible for actually providing) Landlord agrees to furnish Tenant the following services: (1a) Facilities Water service for hot and cold water at those points of supply provided for general use of other tenants in the Building and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5) Limited access to the Building (or to the lavatories on each floor on which the Premises are located; (b) Heat and air conditioning for the comfortable use of the Premises by Tenant; (c) Electricity to the Premises for its use, in accordance with and subject to the terms and conditions in Article X; and (d) gas for boilers of the Buildings and water heaters, if any. Notwithstanding the foregoing, Tenant shall contract directly for the provision of all of the foregoing services. If Tenant is the Sole Tenant of the Building, in addition to the foregoing, Tenant shall provide at its cost the following services: (i) Janitor service on Business Days; (ii) pest control service for the Common Areas of the Building; and (iii) refuse collection for the Building. Landlord shall be responsible for washing the exterior windows of the Buildings no less than two times annually, the cost thereof shall be part of Expenses. Tenant shall maintain and repair the Premises in accordance with the terms of Section IX.A. If by mutual agreement between Landlord and Tenant, or by operation of law or otherwise, Tenant is not the Sole Tenant of the Building or is otherwise not required to provide the above services, then, at Landlord's request and, at Landlord's option, as a condition to Landlord providing the services described in Section VII.A.2 below, Tenant shall transfer to Landlord any utility accounts and/or service contracts (including, without limitation, any maintenance service agreements entered into by Tenant, as described in Section IX.A. below or otherwise) relating to all or any of the services to be provided by Landlord described in Section VII.A.2. below, and Tenant shall otherwise cooperate with Landlord in transferring control of, and responsibility for, such services from Tenant to Landlord. Tenant shall remain liable for all sums incurred in connection with such accounts or service contracts relating to the period prior to the date such accounts and service contracts are transferred to, and assumed by, Landlord. 2. If Tenant is not the Sole Tenant of the Building (as defined in Section VII.A.1. above), subject to the terms of the second paragraph of Section VII.A.1. above, Landlord agrees to provide the following services: (a) Water service for use in the lavatories on each floor on which the Premises are located; (b) Heat and air conditioning in season during Normal Business Hours at such temperatures and in such amounts as are standard for comparable buildings or as required by governmental authority, provided that, Tenant, upon such advance notice as is reasonably required by Landlord, shall have the right to receive HVAC service during hours other than Normal Business Hours through and Tenant shall pay Landlord the use standard charge for the additional service as reasonably determined by Landlord from time to time; (c) Janitor service on Business Days, provided if Tenant's use, floor covering or other improvements require special services in excess of master entry cards and/or keys. the standard services for the Building, Tenant shall pay the additional cost attributable to the special services; (d) Electricity to the Premises for general office use, in accordance with and subject to the terms and conditions in Article X; (e) gas for boilers of the Building and water heaters serving the Building generally, if any; (f) pest control service for the Common Areas of the Building; (g) refuse collection for the Building; (h) such other services as Landlord reasonably determines are necessary or appropriate for the Building, the Property or the Project; and (i) elevator service for the Buildings. B. Landlord's failure to furnish, or any interruption or termination of, services required to be provided or made available by Landlord pursuant to this Lease due to the application of Laws, the failure of any equipment, the performance of repairs, improvements or alterations, or the occurrence of any event or cause beyond the reasonable control of Landlord (a "Service Failure") shall have no liability not render Landlord liable to Tenant, its employeesconstitute a constructive eviction of Tenant, agentsgive rise to an abatement of Rent, contractorsnor relieve Tenant from the obligation to fulfill any covenant or agreement. However, inviteesif the Premises, or licensees a portion of the Premises, is made reasonably unusable for losses due to theft or burglary the Permitted Use for a period in excess of 3 consecutive Business Days as a result of a Service Failure (other than theft a Service Failure in connection with Tenant's failure to perform Tenant's obligations under this Lease, in which event Tenant shall not be entitled to any abatement or burglary committed by employees of Landlordother remedy), or for damages done then Tenant, as its sole remedy (subject to the last sentence of this Section VII.B), shall be entitled to receive an abatement of Rent payable hereunder during the period beginning on the 4th consecutive Business Day of the Service Failure and ending on the day the service has been restored. If the entire Premises has not been rendered untenantable by unauthorized persons in the Service Failure, the amount of abatement that Tenant is entitled to receive shall be prorated based upon the percentage of the Premises rendered reasonably unusable for the Permitted Use and not used by Tenant. In no event, however, shall Landlord be liable to Tenant for any loss or on damage, including the Complextheft of Tenant's Property (defined in Article XV), arising out of or in connection with the failure of any security services, security personnel or security equipment. In the event a Service Failure is caused by the gross negligence, active negligence or willful misconduct of Landlord or Landlord's agents or contractors, such abatement of Base Rent shall not be Tenant's sole remedy but the parties hereto acknowledge and agree that Tenant shall cooperate fully in Landlord’s efforts not be entitled to control access in receive more than Tenant's actual damages; it being agreed that, notwithstanding anything to the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”contrary contained herein, Tenant hereby waives any claim it may otherwise have for consequential, special or indirect damages as a result of the above. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Office Lease Agreement (Actel Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services:; (1i) Facilities for hot Hot and cold water at those points of supply provided for general use of other tenants in the Building Complex and as necessary to service any kitchen facilities and restrooms pantry included within the Premises approved by Landlord and provided solely for the use of Tenant and its employeesPremises, and central heat and air conditioning in season (the cost of season, at such service temperatures and in such amounts as are considered by Landlord to be paid standard or as required by Tenant governmental authority; provided, however, heating and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such air conditioning service during at times other than for Normal Business Hours (as hereinafter defined) shall be furnished only upon Tenant's written request to Landlord prior to 3:00 p.m. at least one (1) business day in advance of the date such usage is requested. As used herein, Normal Business Hours shall be paid 7:30 a.m. to 6:00 p.m. on Mondays through Fridays and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of Normal Business Holidays (as set forth hereinafter defined). As used herein, Normal Business Holidays shall include Sundays and all legal holidays specified in Section 9(a)(8))the rules and regulations for the Complex. Tenant shall bear the entire cost of additional service allocable to the Premises as such costs are determined and allocated by Landlord from time to time. (2ii) Routine maintenance and electrical lighting service for all Exterior Common Areas and Service Areas of the Building in the manner and to the extent necessary deemed by Landlord to maintain the same in first class conditionbe standard. (3iii) Janitorial Janitor service, five (5) days per weekMondays through Fridays, exclusive of Normal Business Holidays; provided, at a level comparable however, if Tenant's floor covering or other improvements require special treatment, Tenant shall pay the additional cleaning iv) Subject to that provided in similar first class office buildings within a three (3) mile radius the provisions of the BuildingSection captioned "Use of Electrical Services by Tenant", facilities to provide all electrical current required by Tenant in its use and occupancy of the Premises. (4v) All Building Standard standard fluorescent bulb replacement in the Premises and fluorescent and incandescent bulb and ballast replacement in the Premises, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). (5vi) Limited Landlord shall provide card key access to the Building (or to the floor on which the Premises are located) Complex during periods other than Normal Business Hours through Hours, and Tenant shall cooperate with Landlord in limiting the use of master entry cards and/or keyscard keys to persons authorized by Tenant to enter the Complex. Landlord Landlord, however, shall have no liability to Tenant, its employees, agents, contractors, invitees, invitees or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord)burglary, or for damages done by unauthorized persons in the Premises or on the ComplexPremises, nor shall Landlord be required to insure against any such losses. Tenant shall cooperate fully in Landlord’s 's efforts to control access maintain security in the Building Complex and shall follow all rules and regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”thereto. (6b) Proper facilities The failure by Landlord to any extent to furnish or the interruption or termination of these defined services in whole or in part, resulting from causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment or machinery used in the provision of such services for any cause cease to function properly, Tenant shall have no claim for offset or abatement of rent or damages on account of an interruption in service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, in the event there shall be an interruption or cessation of the Building's elevator service, electricity service, or HVAC service in the manner required to be provided by Landlord under this Lease, which shall materially interfere with Tenant's use and enjoyment of all or substantially all of the Premises (A) Building Standard lightinga "Service Interruption"), and (Bi) sufficient electrical power if such Service Interruption shall continue for normal office machines at least ten (including electric typewriters10) consecutive business days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the "Service Interruption Notice"), desk-top computer facilities (ii) if such Service Interruption shall not have been caused, in whole or in part, by any act, omission or negligence of Tenant or of Tenant's agents, employees, contractors or visitors, and desk-top word processing facilities(iii) and if such Service Interruption shall not have been caused in whole or in part by a fire or other machines casualty or an event of similar electrical consumption force majeure as described in Section 42(j) of this Lease (“Miscellaneous Power”).a Service Interruption that satisfies all of the

Appears in 1 contract

Sources: Assignment of Lease (Advanced Switching Communications Inc)

Services to be Furnished by Landlord. (a) Landlord agrees shall use all reasonable efforts to furnish Tenant furnish, subject to the Building Rules and Regulations (hereinafter defined) and Tenant's performance of its obligations hereunder, the following services: (1) Facilities for hot Air-conditioning and heating in season, during Normal Building Operating Hours (hereafter defined), at such temperatures and in such amounts as are considered by Landlord to be standard; (2) Hot and cold water at those points of supply provided for general use of other tenants in the Building lavatory and as necessary to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8)). (2) Routine maintenance for all Common Areas and Service Areas of the Building in the manner and to the extent necessary to maintain the same in first class condition.drinking purposes only; (3) Janitorial service, Janitor service in and about the Building and the Leased Premises five (5) days per week, exclusive and periodic window washing; however, Tenant shall pay, as additional Rent upon presentation of Normal Business Holidaysa statement therefor by Landlord, at a level comparable the additional costs attributable to that provided in similar first class office buildings the cleaning of improvements within a three the Leased Premises other than Building Standard (3hereinafter defined) mile radius of the Building.improvements; (4) All Electricity and proper facilities to furnish sufficient electrical power during Normal Building Standard fluorescent Operating Hours for normal office machines and incandescent bulb and ballast replacement other machines of low electrical consumption, but not including electricity or air-conditioning required for electronic data processing equipment other than desk-top or lap-top personal computers, special lighting in the Premisesexcess of Building Standard, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge for all replacements or any other item of same in the Premises during the Term (provided the cost of same provided to electrical equipment which singly consumes more than 0.5 kilowatts per hour at rated capacity or requires a voltage other tenants’ premises shall be excluded from “Operating Costs”).than 120 volts single phase; and (5) Limited access to the Replacement of fluorescent lamps in Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated Standard light fixtures installed by Landlord with respect thereto which are adopted and incandescent bulb or fluorescent lamp replacement in accordance with Exhibit “C”public toilet and restroom areas and stairwells. (6) Proper facilities Such other services as Landlord and Tenant may agree upon form time to time such as copy machines, facsimile machines, postage meters, computer hardware and software, at rates and charges as the parties may agree. (b) Landlord shall furnish (A) Building Standard lightingTenant with keys to unlock the main door entering the Leased Premises and appropriate access to the building security system. Landlord shall furnish at the commencement of the Lease Term an adequate number of keys for Tenant's employees designated by Tenant has having rights to keyed access to the Leased Premises. Any additional keys will be furnished at a charge by Landlord on an order signed by Tenant or Tenant's authorized representative. All such keys shall remain the property of Landlord. No additional locks shall be allowed on any door of the Leased Premises without Landlord's permission, and (B) sufficient electrical power Tenant shall not make, or permit to be made any duplicates of such keys, except those furnished by Landlord. Upon termination of this Lease, Tenant shall surrender to Landlord all the keys for normal office machines (including electric typewritersthe Leased Premises, desk-top computer facilities and desk-top word processing facilities) give to Landlord the explanation of the combination of all locks for safes, safe cabinets, and other machines of similar electrical consumption (“Miscellaneous Power”)vault doors, if any, in the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (Residential Healthcare Properties Inc)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant the following services: (1) Facilities Tenant, at its own expense, shall install (in accordance with Section 8) a separate sub-meter to measure electricity service to the Premises from and after the Commencement Date. Tenant shall pay all charges for hot such electricity as and cold water when such charges become due and payable. Tenant shall, at those points its option, arrange directly with the applicable utility company for gas and telephone service to the Premises; however, the installation of supply provided for general use any equipment in connection with such gas or telephone service shall be subject to Section 8 of other tenants this Lease. All costs associated with any such installation and all such service shall be paid by Tenant directly to the applicable utility company. If any utility serving all or any portion of the Premises is not separately sub-metered during any portion of the Lease Term, then, during any such unmetered portion, Tenant shall pay to Landlord, as Additional Rent, Tenant’s allocable share of such utility as reasonably determined by Landlord, within thirty (30) days after Tenant’s receipt of Landlord’s invoice therefor. With respect to excess usage in the Building Premises for any such unmetered utilities (including excess electricity and as necessary to service any kitchen facilities and restrooms within water usage, if applicable), the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service amount to be paid by Tenant and other tenants on account of the Complex such excess shall be determined in accordance with Section 6(c)(3) during Normal Business HoursLandlord’s then current schedule, which shall reflect Landlord’s cost of providing such service without a profit increment. Tenant agrees to promptly notify Landlord of any significant increase in Tenant’s utility usage (including, without limitation, its electricity and water usage, if applicable). Electrical power for operation of special electrical equipment or appliances will not be furnished unless the installation of such electrical equipment or appliances shall have been approved by Landlord in advance in writing. If at any time Tenant shall dispute Landlord’s determination of Tenant’s share of any such unmetered utilities or the amount of any such excess, Tenant shall pay such disputed amount, and Tenant then shall be permitted to install separate sub-meters in the Premises at Tenant’s sole cost and expense. At any time during the Lease Term, Landlord may, at Tenant’s expense, install separate sub-meters in the Premises. From and after the date of the installation of such service during other than Normal Business Hours sub-meters, Tenant shall pay to be paid as set forth Landlord all charges for such utilities consumed in Section 9(a)(8))the Premises within thirty (30) days after Tenant’s receipt of Landlord’s invoice therefor. (2) Routine maintenance Tenant also shall provide and pay for directly any heating, ventilating and air conditioning (“HVAC”), janitorial (including trash removal), window-cleaning of the interior side of windows and other services for the Premises. Nothing herein shall be deemed to waive Tenant’s obligation to reimburse Landlord for the cost of any excess services provided in accordance with Section 7.C. Landlord is not obligated to provide any utility or service except as specifically set forth in this Lease. Unless approved by Landlord in its reasonable discretion, taking into consideration system capacity and demand for the Building, Tenant shall not be permitted to connect any HVAC equipment serving the Premises to the Building’s heating, ventilating and air conditioning system (the “Building’s HVAC System”). If Landlord permits such connection, Tenant shall pay to Landlord, as Additional Rent, Tenant’s allocable share of such utility, and all Common Areas costs incurred in connection with maintaining and Service Areas repairing those components of the Building’s HVAC System, if any, which service the Premises, all as reasonably determined by Landlord. B. Landlord will cause the common or public areas of the Building to be operated and maintained in a manner deemed by Landlord to be appropriate and in the manner best interests of the Building. Tenant shall promptly give Landlord written notice of any necessary repair to such common or public areas. Landlord will have the right to: (a) enter into, modify and terminate easement and other agreements pertaining to the use and maintenance of such common or public areas; (b) close any or all portions of such common or public areas; (c) make or permit changes or revisions in such common or public areas; (d) construct improvements in such common or public areas; and (e) do and perform such other acts in and to such common or public areas as Landlord shall determine to be advisable. In connection with the foregoing rights, Landlord shall use reasonable efforts not to materially adversely affect Tenant’s access to the Premises. Landlord reserves the exclusive right to use the Common Areas for advertising purposes. Landlord reserves the right at any time to use the common or public areas adjacent to those portions of the Building designated by Landlord for the exclusive use of Landlord or any retail tenant for promotions, exhibits, displays, product shows, the leasing of kiosks and food facilities, landscaping, decorative items, and any other use which, in Landlord’s judgment, tends to attract customers to, or benefits the tenants of, the Building. Tenant shall not conduct any operations, sales, promotions, advertising or special events outside the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, but may be conditioned on Tenant’s compliance with Landlord’s reasonable rules and regulations related to the use of such areas, including maintaining appropriate insurance coverage. C. Landlord shall not be obligated to maintain or operate the Building at times other than Normal Business Hours. If Tenant requires the operation of the common or public areas of the Building beyond the Normal Business Hours, then Landlord shall be reasonable in determining whether or not to provide the services necessary to operate such areas, provided Tenant gives Landlord sufficient advance notice of such requirement. If any common or public areas of the Building are kept open or services are provided beyond Normal Business Hours as a result of Tenant’s operation of the Premises beyond such hours, then Tenant shall pay as Additional Rent due hereunder all additional costs incurred by Landlord by reason of keeping such facilities open during such extended hours including, but not limited to, the cost of air-conditioning, heat, electricity and lighting, cleaning services and the services of an attendant, which shall reflect Landlord’s cost of providing such service without a profit increment. To the extent necessary Tenant provides or contracts for any building services 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 a service contract therefor with a contractor licensed to do business in the Commonwealth of Virginia and/or the County of Arlington, Virginia, as the same may be required by applicable Laws with respect to contractor licensing, and otherwise reasonably approved by Landlord. From time to time, at Landlord’s request, Tenant shall provide Landlord with copies of all such service contracts. Notwithstanding anything above to the contrary, Tenant shall have access to the Premises, the Building and, subject to Exhibit G, the Parking Facility twenty-four (24) hours per day each day of the year (except in first class conditionthe event of an emergency) without additional charge related to hours of operation. Landlord shall provide a card key (or similar type of) access system to provide access to the Building and the Parking Facility at times other than Normal Business Hours. A reasonable number of access cards or other means of access shall be provided to Tenant at no cost to Tenant (except that Landlord may charge Tenant for replacement cards). Tenant shall not permit anyone, except for Tenant’s employees and authorized guests, to enter the Building at times other than Normal Business 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. (3) Janitorial serviceD. Tenant shall not cause any trash or other refuse to accumulate inside the Premises or in any common or public area of the Building, and shall store and remove same from the Premises in accordance with this Section. All refuse disposal shall be made at least once a day by Tenant, at Tenant’s sole expense, along routes and through entryways and elevators provided for such purposes to dumpsters provided by Landlord, and only during such hours, and in accordance with such rules and regulations, as Landlord shall designate from time to time. Tenant shall, at Tenant’s expense, break down all boxes and other packing materials to a reasonably appropriate size, store such boxes and materials and all other refuse in the Premises in tightly fastened containers or compactors prior to removing same from the Premises and transporting same at least daily to the Building’s dumpster which shall be located in an area reasonably accessible to Tenant. Tenant shall not burn trash. Tenant shall pay its pro rata share of charges for refuse collection as part of Basic Costs. E. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or the interruption or termination of services to be provided by Landlord under this Lease in whole or in part, resulting from adherence to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve Tenant from the obligation to fulfill any covenant or agreement hereof; provided, however, that if such failure, interruption or termination is the result of Landlord’s negligent or willful misconduct, and if Landlord is not proceeding diligently 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 per weekafter Tenant gives Landlord written notice thereof, exclusive of Normal Business Holidaysand if Tenant does not in fact use the Premises during such period, at a level comparable to that provided then, so long as Tenant is not in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premisesdefault under this Lease, the Common Areas and the Service Areas, provided Tenant shall be charged Landlord’s standard Building charge entitled as its sole and exclusive remedy to an abatement of the Base Rent payable hereunder for all replacements of same in the Premises during period beginning on the Term (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”). day after such five (5) Limited access to business day period ends and continuing until the Building (earlier of the date Tenant resumes use or to the floor on which the Premises are located) during other than Normal Business Hours through the use occupancy of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complexdate use of the Premises is restored to Tenant. Tenant shall cooperate fully in Landlord’s efforts to control access Should any of the equipment or machinery used in the Building and provision of such services for any cause cease to function properly, Landlord shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”use reasonable diligence to repair such equipment or machinery. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Retail Lease (Alliance Bankshares Corp)

Services to be Furnished by Landlord. (a) Landlord agrees to furnish Tenant with the following services: Building systems and services on a year-round basis: (1i) Facilities for hot and cold potable water service for use in common lavatories; (ii) domestic cold water through the base Building system described in the Base Building MEP; (iii) condenser water, pre-conditioned and delivered through the condenser loop as described in the Base Building MEP to supply Tenant specific heating, ventilating and air conditioning systems within the Premises; (iv) tempered fresh air delivered through the base Building system as described in the base Building MEP; (v) drainage system for domestic water and sanitary waste at those points locations approved and designated by Landlord in the Base Building MEP; (vi) maintenance and repair of supply the Property as, and to the extent, described in Section 10(c); (vii) access to the Premises 24 hours a day, 7 days a week; (viii) elevator service 24 hours a day, 7 days a week (at lease 1 elevator shall be operational at all times), (ix) janitorial services, (x) security service 24 hours a day, 7 days a week, (xi) snow and ice removal from Common Areas, and (xii) such other services as Landlord reasonably determines are necessary or appropriate for the Property. Landlord’s expenses incurred in maintaining, repairing and operating the Building systems and providing the foregoing services shall be Expenses payable by Tenant in accordance with the provisions of Article 5 hereof. Notwithstanding the foregoing, if Tenant requests any additional (i.e. after Normal Business Hours) or special services from Landlord, then Tenant shall pay to Landlord the standard reasonable charge for such service(s) (which standard charge shall reflect Landlord’s costs incurred in providing such service(s)) with such after-hours charge being equitably pro-rated among all tenants (including Tenant) utilizing such services. Tenant shall have the right to have its service providers install customary telecommunication facilities, and Landlord shall, upon request, enter into commercially reasonable access agreements with Tenant’s service providers, provided for general use of other tenants that if such service providers require additional space in the Building and as necessary outside the Premises, Tenant shall pay Rent on such space at the current rate applicable to service any kitchen facilities and restrooms within the Premises approved by Landlord and provided solely for the use of Tenant and its employees, and central heat and air conditioning in season (the cost of such service to be paid by Tenant and other tenants of the Complex in accordance with Section 6(c)(3) during Normal Business Hours, and the cost of such service during other than Normal Business Hours to be paid as set forth in Section 9(a)(8))Premises. (2b) Routine maintenance Tenant’s use of utilities shall not exceed, either in voltage, pressure, rated capacity, or overall load (as applicable), that which Landlord deems to be standard for all Common Areas and Service Areas of the Building in the manner and allocated to the extent necessary to maintain the same in first class condition. (3) Janitorial service, five (5) days per week, exclusive of Normal Business Holidays, at a level comparable to that provided in similar first class office buildings within a three (3) mile radius of the Building. (4) All Building Standard fluorescent and incandescent bulb and ballast replacement in the Premises, as the Common Areas and the Service Areas, provided Tenant shall same may be charged Landlord’s standard Building charge for all replacements of same in the Premises during the Term increased by any Significant Capital Expansion (provided the cost of same provided to other tenants’ premises shall be excluded from “Operating Costs”as defined below). (5) Limited access to the Building (or to the floor on which the Premises are located) during other than Normal Business Hours through the use of master entry cards and/or keys. Landlord shall have no liability to Tenant, its employees, agents, contractors, invitees, or licensees for losses due to theft or burglary (other than theft or burglary committed by employees of Landlord), or for damages done by unauthorized persons in the Premises or on the Complex. Tenant shall cooperate fully in Landlord’s efforts to control access in the Building and shall follow all regulations promulgated by Landlord with respect thereto which are adopted in accordance with Exhibit “C”. (6) Proper facilities to furnish (A) Building Standard lighting, and (B) sufficient electrical power for normal office machines (including electric typewriters, desk-top computer facilities and desk-top word processing facilities) and other machines of similar electrical consumption (“Miscellaneous Power”).

Appears in 1 contract

Sources: Lease Agreement (Higher One Holdings, Inc.)