Utilities and Building Services. Tenant shall obtain in its own name and shall pay directly to the appropriate supplier the cost of all utilities and services serving the Demised Premises, including but not limited to: natural gas, heat, light, electrical power, telephone, janitorial service, refusal disposal and other utilities and services. If, however, any such services or utilities are jointly master-metered (i.e., water and sewer charges) Tenant shall pay Tenant’s Proportionate Share of said charges as part of Operating Costs unless as otherwise provided in this Lease.
Utilities and Building Services. 14.1 Tenant shall have sole responsibility for all Building Services exclusively serving the Premises and xxxxxxxx for such Building Services, regardless of whether billed by Landlord, the Condominium or directly to Tenant, from a master meter or otherwise, including, without limitation, electricity and heating, ventilation and air conditioning (“HVAC”). Landlord shall cooperate reasonably with Tenant in connection with Tenant’s making arrangements to participate in any incentive programs provided at any time and from time to time by the utility company serving the Buildings (or such other supplier of electricity with which Tenant contracts). Landlord shall cooperate reasonably with Tenant in arranging Tenant’s participation in any such incentive programs in a manner that allows Tenant to realize the entire benefit thereof. Tenant shall pay to Landlord an amount equal to the out-of-pocket costs incurred by Landlord in so cooperating with Tenant, within twenty (20) days after Landlord’s request therefor from time to time.
Utilities and Building Services. 9.1 Heating, Ventilating and Air Conditioning
Utilities and Building Services. These provisions are of necessity deal-specific, although the landlord will try to achieve uniformity in all its leases in a given building or project. A well-drafted lease, whether for office or retail space, will allocate responsibility for the following: • electric service—lights and plugs; • premises heating and air conditioning; • water; • hot water; • sewer; • gas (if applicable); • premises cleaning; • common area cleaning; • snow removal; • common area lighting and HVAC; • landscaping; and • telephone, cable, Internet, and other communications. To the extent that the tenant is responsible for utilities or services, the lease need not be very specific, since the tenant will service its own needs. Judicial Commentary A commercial landlord’s unreasonable construction of the lease provisions, which required the lessee to pay, in addition to the base rent, an additional rent for use of electricity, subjected that landlord to liability under X.X. x. 93A, § 11. See Diamond Crystal Brands, Inc. v. Backleaf, LLC, 60 Mass. App. Ct. 502, 508 (2004). Rather than an ambiguity in the terms of the lease, there was a missing term in an otherwise unambiguous provision, and the court found that it was the task of the trial judge to fill in the missing term in accordance with the intent of the parties. Diamond Crystal Brands, Inc. v. Backleaf, LLC, 60 Mass. App. Ct. at 505–06. Where the landlord is responsible, the tenant’s attorney should consider what degree of specificity is appropriate. This varies with the utility or service being provided. For common utility service for standard office use, without special equipment, it is sufficient simply to specify who provides and pays for the utilities. For heating and air conditioning, the tenant will want some standard of performance. From the tenant’s perspective, this standard can be fairly nontechnical; the tenant will be happy if the lease simply requires the landlord to provide HVAC services sufficient to maintain the premises at a comfortable temperature. The landlord will want to state the conditions to this obligation, such as normal occupancy levels and the absence of heat-producing special equipment. Sophisticated landlords often match their HVAC covenants to the performance standards of the building’s HVAC equipment.
Utilities and Building Services. 24 Section 9.1. Heating, Ventilating and Air Conditioning 24 Section 9.2. Cleaning Service 25 Section 9.3. Elevator Service 25 Section 9.4. Electricity 25 Section 9.5. Interruption of Services 27 Section 9.6. Overtime Services 27 ARTICLE 10 PROPERTY AND OTHER TAXES 28 Section 10.1. Tenant’s Property 28 Section 10.2. Increased Value of Improvements 28 ARTICLE 11 INSURANCE AND INDEMNITY 28 Section 11.1. Tenant’s Insurance 28 Section 11.2. Indemnity and Non-Liability 29 Section 11.3. Waiver of Subrogation 31 Section 11.4. Landlord Insurance/Landlord Indemnity 32 Section 11.5. Landlord’s Negligence 32 ARTICLE 12 DAMAGE BY CASUALTY 33 Section 12.1. Termination of Lease; Repair by Landlord 33 Section 12.2. Repair by Tenant 34 Section 12.3. Abatement of Rent; Notices of Status of Repairs/Restoration 35 Section 12.4. Untenantability 35 Section 12.5. Core and Shell 35 ARTICLE 13 EMINENT DOMAIN 36 Section 13.1. Taking of Demised Premises 36 Section 13.2. Partial or Temporary Taking of Building 36 Section 13.3. Surrender 36 Section 13.4. Rent Adjustment for Partial Taking of Demised Premises 37 Section 13.5. Awards 37 ARTICLE 14 RIGHTS RESERVED TO LANDLORD 37 Section 14.1. Access to Demised Premises 37 Section 14.2. Additional Rights 38 ARTICLE 15 ASSIGNMENT AND SUBLETTING 39 Section 15.1. Consent Required 39 Section 15.2. Notice of Proposed Assignment or Sublease; Recapture 40 Section 15.3. Grounds for Withholding Consent 41 Section 15.4. Excess Rent Payment 41 Section 15.5. Lease Assumption; Subtenant Attornment 42 Section 15.6. Prohibition 42 Section 15.7. Permitted Transfers 43 ii Article Page ARTICLE 16 INTENTIONALLY OMITTED 43 ARTICLE 17 DEFAULT 43 Section 17.1. Events of Default 43 Section 17.2. Damages 45 Section 17.3. Waiver of Jury Trial 46 Section 17.4. Other Remedies 47 Section 17.5. Landlord Defaults 47 ARTICLE 18 SURRENDER 47 Section 18.1. Possession 47 Section 18.2. Merger 47 ARTICLE 19 HOLDING OVER 48 Section 19.1. Holding Over 48 ARTICLE 20 REMEDIES CUMULATIVE 48 Section 20.1. No Waiver 48 ARTICLE 21 ESTOPPEL CERTIFICATE, SUBORDINATION, ATTORNMENT 48 Section 21.1. Estoppel Certificate 48 Section 21.2. Subordination 49 Section 21.3. Attornment 50 Section 21.4. Mortgages 50 Section 21.5. Protection of Successor Landlord 50 Section 21.6. Mortgagee’s Right To Cure 51 ARTICLE 22 QUIET ENJOYMENT 52 Section 22.1. Quiet Enjoyment 52 ARTICLE 23 NOTICES 52 Section 23.1. Notices 52 ARTICLE 24 MISCELLANEOUS PROVISIONS 53 Section 24.1. Time 53 Section 24.2. Appli...
Utilities and Building Services. Tenant agrees to pay before delinquency and at its sole cost and expense, all charges for utilities and building services supplied to the Premises including, without limitation, water, electricity, gas, sewer, waste disposal, security, heating, ventilating, and air conditioning, throughout the full Lease Term. Landlord shall not be liable for the failure of any of these services for any reason whatsoever. If charges for any or all of such utility services are charged for the Building as a whole, Tenant agrees to pay, upon demand, Tenant's Proportionate Share of such charges. If charges for any or all of such utility or building services are charged for a larger space containing the Premises, Tenant agrees to pay upon demand a share of any such charges based on the proportion that the square footage of the Premises bears to such larger space or a share determined by Landlord based upon Landlord's estimate of Tenant's consumption relative to other Tenant's sharing such utilities or building services.
Utilities and Building Services. Section 16.01. Landlord will provide, at Landlord's cost, all of the passenger elevators on the eastern side of the Building and accessible through Tenant's Lobby; except the freight elevator, for the Tenant's dedicated use to the Premises from 7:00 A.M. until 7:00 P.M., and the one most westerly elevator in the Park Avenue lobby (as increased as provided in Section 3.06), on a dedicated basis to the Premises at all times set forth in the first sentence of Section 16.07 (and at a minimum from 7 A.M. to 7 P.M.). Landlord shall provide heating, ventilation and air-conditioning (HVAC) in season as required for Tenant's comfort, use and occupancy with effective performance during Business Hours in accordance with the HVAC performance specifications provided in Exhibit F attached hereto. "
Utilities and Building Services. 18 9.1. Heating, Ventilating and Air Conditioning.......................................18 9.2. Cleaning Service................................................................18 9.3. Elevator Service................................................................18 9.4. Electricity.....................................................................18 9.5. Telecommunications..............................................................20 9.6.
Utilities and Building Services. (a) HEATING AND AIR CONDITIONING.
Utilities and Building Services. A. Landlord will @sh the following services to Tenant: elevator service, public stairs, electrical current for Common Areas and the Leased Premises at those points of supply provided for general use of its Tenants at all times and at all days throughout the year; and Common Area cleaning services, deemed by Landlord to be normal and usual in a first-class office building, Monday through Friday, except that shampooing and replacement of carpet as required by Tenant will be at Tenants expense. Such services shall be provided as long as the Tenant is' not in default under any of the terms of this Lease, subject to interruption caused by repairs, renewals, improvements, changes of service, alterations, strikes, lockouts, labor controversies, inability to obtain fuel or power, accidents, breakdowns, catastrophes, national or local emergencies, acts of God and conditions and causes beyond the control of Landlord, and upon such happening, no claim for damages or abatement of rent for failure to finish any such services shall be made by the Tenant or allowed by the Landlord.
