Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, air conditioning, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall not cause any Utilities to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 4 contracts

Sources: Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.), Lease Agreement (Global Blood Therapeutics, Inc.)

Utilities, Services. Landlord shall provide, or cause to be provided, subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), ~~refuse and trash collection and janitorial services~~ (collectively, “Utilities”). Tenant shall be responsible for its own janitorial services within the Premises. Landlord shall arrange for collection of office trash and refuse from the loading dock of the Building, and Tenant shall arrange for its janitorial services provider to deliver such trash and refuse from the Premises to the loading dock of the Building. The allocation of Utilities to be made available to the Premises, subject to the terms and conditions of this Lease, shall be as set forth in the Landlord/Tenant Utility Allocation Matrix attached to the Work Letter as Schedule 2(c)-2. Landlord and Tenant shall provide and maintain the systems and equipment and services and utilities pursuant to the matrix attached hereto as Exhibit F, which Exhibit F is subject to the reasonable modification by Landlord from time to time to reflect actual operating practices, provided that no such modification shall materially expand the obligations of Tenant. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s ~~sole obligation for either providing emergency generators~~ designated online portal, or ~~providing emergency back-up power~~ by another delivery method reasonably agreed to ~~Tenant~~ by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall ~~be: (i) to provide emergency generators with not less than the capacity~~ be included as part of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededOperating Expenses.

Appears in 3 contracts

Sources: Lease Agreement (Sigilon Therapeutics, Inc.), Lease Agreement (Foghorn Therapeutics Inc.), Lease Agreement (Sigilon Therapeutics, Inc.)

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be:~~ be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm~~ and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such 5 business day period; provided, however, that ~~the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During~~ if any ~~period of replacement, repair or maintenance~~ part of the ~~emergency generators when~~ Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the ~~emergency generators are not operational~~Premises notwithstanding such Service Interruption, ~~including any delays thereto due~~ then the amount of each daily abatement of Base Rent shall only be proportionate to the ~~inability~~ nature and extent of the interruption of Tenant’s normal operations or ability to ~~obtain parts or replacement equipment, Landlord~~ use the Premises. The rights granted to Tenant under this paragraph shall ~~have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges~~ be Tenant’s sole and ~~agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.~~exclusive

Appears in 3 contracts

Sources: Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease Agreement (Erasca, Inc.)

Appears in 3 contracts

Sources: Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.), Lease Agreement (Kala Pharmaceuticals, Inc.)

Appears in 3 contracts

Sources: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense (unless such separate metering is reasonably determined by Landlord to be needed as a result of Tenant’s use of more than its pro rata share of Utilities), any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. HVAC shall be available to the laboratory portions of the Premises 24 hours a day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the ~~Commencement Date~~date hereof, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Notwithstanding anything to the contrary contained herein, Landlord shall, at least once per calendar quarter as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started.

Appears in 3 contracts

Sources: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Appears in 3 contracts

Sources: Lease Agreement (Millendo Therapeutics, Inc.), Lease Agreement (Corvus Pharmaceuticals, Inc.), Lease Agreement (Corvus Pharmaceuticals, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat~~heating, ventilation and air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 2 contracts

Sources: Lease Agreement (BioCardia, Inc.), Lease Agreement (BioCardia, Inc.)

Appears in 2 contracts

Sources: Sublease Agreement (Poniard Pharmaceuticals, Inc.), Lease Agreement (Poniard Pharmaceuticals, Inc.)

Utilities, Services. Landlord shall ~~provide~~provide to the Common Areas and the Premises, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas and the Shared Suite Area only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Upon written notice to Landlord, Tenant may elect, at any time during the Term, to retain a third party reasonably acceptable to Landlord to provide janitorial services to the Premises, in which case Tenant shall pay such third party directly for such janitorial services. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.. Net Multi-Tenant Laboratory 75 Shoreway/Allakos - Page 11

Appears in 2 contracts

Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this ~~Section 11, water, electricity, heat, air conditioning, light, power, sewer~~Section, and ~~other utilities (including~~ cold water for restrooms, drinking and office kitchen purposes, sewer connection, heated and chilled water for the HVAC system serving the Premises, electricity in an amount at least equal to 12 xxxxx per usable square foot for office and 15 xxxxx per rentable square foot for laboratory on 70% laboratory use and 30% office use, gas service for the HVAC system and ~~fire~~ water for sprinklers ~~to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services~~ (collectively, “Utilities”)) as more particularly set forth in the Base Building Specifications. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental ~~Authority~~ or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause any~~ Utilities ~~to the Premises which are not currently~~ will separately metered or charged directly to ~~be separately metered.~~ Tenant by the provider as provided in the Landlord/Tenant Matrix attached hereto as Exhibit G. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant ~~agrees~~ to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant supply its own cleaning and rubbish removal service. Landlord at Landlord’s ~~sole obligation~~ cost shall supply a dumpster or compactor at the loading dock for ~~either providing emergency generators~~ Tenant’s use for the disposal of non-hazardous, non-controlled substances. Notwithstanding the foregoing, in the event that there shall be an interruption, curtailment or ~~providing emergency back-up power~~ suspension of any service required to be provided by Landlord pursuant to this Lease (and no reasonably equivalent alternative service or supply is provided by Landlord) that shall materially interfere with Tenant’s use and enjoyment of a material portion of the Premises, and Tenant actually ceases to use the affected portion of the Premises (any such event, a “Service Interruption”), and if (a) such Service Interruption shall continue for five (5) consecutive Business Days following receipt by Landlord of written notice from Tenant describing such Service Interruption (the “Service Interruption Notice”) and (b) such Service Interruption shall not have been caused, in whole or in part, by reasons beyond Landlord’s reasonable control or by an act or omission of Tenant or Tenant’s agents, employees, contractors or invitees (a Service Interruption that satisfies the foregoing conditions being referred to hereinafter as a “Material Service Interruption”) then, Tenant shall ~~be: (i)~~ be entitled to ~~provide emergency generators with not less than~~ an equitable abatement of Base Rent, based on the ~~capacity~~ nature and duration of the ~~emergency generators located in~~ Material Service Interruption, the ~~Building as~~ area of the ~~Commencement Date~~Premises affected, and ~~(ii) to contract with a third party to maintain~~ the ~~emergency generators as per~~ then current Base Rent amounts, for the ~~manufacturer’s standard maintenance guidelines~~period that shall begin on the sixth Business Day after such Material Service Interruption and that shall end on the day such Material Service Interruption shall cease. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipmentIn all events, Landlord ~~shall have no obligation~~ will use commercially reasonable efforts to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to restore the ~~Premises when needed~~service interruption as soon as is reasonably practicable.

Appears in 2 contracts

Sources: Lease Agreement (Foundation Medicine, Inc.), Lease Agreement (Foundation Medicine, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or by another delivery method reasonably agreed to by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be included as part of Operating Expenses.

Appears in 2 contracts

Sources: Lease Agreement (Twist Bioscience Corp), Lease Agreement (Twist Bioscience Corp)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense (unless such separate metering is reasonably determined by Landlord to be needed as a result of Tenant’s use of more than its pro rata share of Utilities), any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding the foregoing, HVAC shall be available to the laboratory portions of the Premises 24 hours a day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the performance by Landlord of any installation, maintenance or repairs, or any other temporary interruptions, and otherwise subject to the terms of this Lease. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide an emergency ~~generators~~ generator with not less than the capacity of the emergency ~~generators~~ generator located in the Building as of the ~~Commencement Date~~date hereof, and (ii) to contract with a third party to maintain the emergency ~~generators~~ generator as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with an operational emergency ~~generators~~ generator or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency ~~generators~~ generator is maintaining the ~~generators~~ generator as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency ~~generators~~ generator when the emergency ~~generators are~~ generator is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency ~~generators~~ generator will be operational at all times or that emergency power will be available to the Premises when needed. Notwithstanding anything to the contrary contained herein, Landlord shall, at least once per calendar quarter as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started. Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or by another delivery method reasonably agreed to by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be included as part of Operating Expenses.

Appears in 2 contracts

Sources: Lease Agreement (Avidity Biosciences, Inc.), Lease Agreement (Avidity Biosciences, Inc.)

Appears in 2 contracts

Sources: Lease Agreement (Tricida, Inc.), Lease Agreement (Tricida, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, janitorial services to the Common Areas, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection ~~and janitorial services~~ (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not~~ may cause any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider at Landlord’s sole cost and expense, or if Landlord reasonably believes that Tenant is using more than its pro rata share of Utilities, at Tenant’s expense. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its pro rata share of all charges for jointly metered Utilities serving the second floor of the Building based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the stated capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, ~~oversee~~ oversee, or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, ~~repair~~ repair, or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 2 contracts

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

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as otherwise provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant~~ Utilities shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises.

Appears in 2 contracts

Sources: Lease Agreement (Regulus Therapeutics Inc.), Lease Agreement (Turning Point Therapeutics, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this ~~Section 11~~Section, ~~water~~hot and cold water for restrooms, ~~electricity~~drinking and office kitchen purposes, ~~heat~~sewer connection, ~~air conditioning~~heated and chilled water for the HVAC system serving the Premises, ~~light~~electricity in an amount at least equal to 12 xxxxx per usable square foot, ~~power, sewer,~~ gas service for the HVAC system and ~~other utilities (including gas and fire~~ water for sprinklers ~~to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services~~ (collectively, “Utilities”)) as more particularly set forth in the Base Building Specifications. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause any~~ Utilities ~~to the Premises which are not currently~~ will be separately metered or charged directly to ~~be separately metered.~~ Tenant by the provider as provided in the Landlord/Tenant Matrix attached hereto as Exhibit F. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall supply its own cleaning and rubbish removal service. Landlord at Landlord’s ~~sole obligation~~ cost shall supply a dumpster or compactor at the loading dock for ~~either providing emergency generators or providing emergency back~~Tenant’s use for the disposal of non-~~up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date~~hazardous, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or backnon-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededcontrolled substances.

Appears in 2 contracts

Sources: Lease (Bluebird Bio, Inc.), Lease Agreement (Bluebird Bio, Inc.)

Utilities, Services. (a) With the exception of T▇▇▇▇▇’s Share of any utilities and services expressly included as part of the Operating Expenses in Section 6(b) above, Tenant shall directly pay for electricity, power, telephone, internet and other communication services and any other utilities or services supplied to the Premises commencing on the Commencement Date. Except to the extent Landlord elects to provide any such services and invoice Tenant for the cost or include the cost in Operating Expenses, Tenant shall obtain such service in its own name and timely pay all charges directly to the provider(s). As part of Landlord’s Work, Landlord shall ~~provide~~either install a separate dedicated electricity meter, or install a submeter allocated between various occupants of the Building to measure Tenant electricity usage at the Premises. If such submeter is utilized, the cost of such actual measured amount shall be billed by Landlord directly to Tenant as a charge separate and distinct from Tenant’s Share of Operating Expenses. If such separate dedicated meter is installed, Tenant shall pay all charges incurred directly to the applicable utility service provider. Landlord shall not be responsible or liable for any interruption in such services, nor shall such interruption affect the continuation or validity of, or constitute a Landlord default under, this Lease. Landlord shall have the exclusive right to select, and to change, the companies providing such services to the Building or Premises. Any wiring, cabling or other equipment necessary to connect Tenant’s telecommunications equipment shall be Tenant’s responsibility, and shall be installed by Tenant in a manner approved by Landlord. If because of Tenant’s density, use, equipment or other Tenant circumstances, T▇▇▇▇▇’s consumption of any utility or other service included as part of Landlord’s Operating Expenses or demands on the Building Systems (as defined hereunder) are excessive when compared with other occupants of the Property, or cause extraordinary maintenance and repair issues beyond those customarily and routinely incurred by Landlord to operate the Building Systems, Landlord may install supplemental equipment and meters at Tenant’s expense, and may invoice Tenant separately for, and Tenant shall pay on demand, the cost of Tenant’s excessive consumption or use, or such additional equipment, as reasonably determined by Landlord. Landlord shall have the option, at any time during the Term or extension thereof, to exclude any utility service from Operating Expenses, in which case, Landlord may either: (i) provide any such services and invoice Tenant for the cost; or (ii) require Tenant to obtain service in its own name and timely pay all charges directly to the provider. (b) Landlord will furnish the following services for the normal use and occupancy of the Premises for Tenant’s Use, the costs of which are included as part of Operating Expenses: (i) electricity, or normal lighting of Common Areas; (ii) HVAC; (iii) water, (iv) sanitary sewer, (v) Common Area janitorial and litter removal, and (vi) such other services Landlord reasonably determines are appropriate or necessary, all in a manner comparable to that of similar buildings in the area. If Tenant requests, and if Landlord is able to furnish services in addition to those identified above, Tenant shall pay Landlord’s reasonable charge for such supplemental services. Tenant acknowledges that Landlord has no obligation to provide any additional services in or about the Premises or the Building, its parking or access areas, or in or about the Land. (c) Landlord shall have no obligation to provide surveillance or security systems in or about the Premises or the Building, the Parking Area, or access areas, or in or about the Land, and Landlord shall have no liability and Tenant hereby waives all claims in connection with the decision whether or not to provide such services, or the failure of any security personnel, mechanical surveillance or other security or surveillance measures to prevent the occurrence of any theft, vandalism or any other criminal or like causes (or the failure to apprehend the perpetrators of such acts), whether provided by Tenant or Landlord. Subject to the provisions of Section 8(f) below, Tenant shall defend, indemnify, and hold Landlord harmless from any such claims made by any of Tenant’s or Tenant’s Agent’s employee, licensee, invitee, contractor, agent or other person whose presence in, on or about the Premises or the Building is attendant to the business of Tenant. Tenant shall have the right, at its sole cost and expense and only after providing written notice to Landlord, to install, maintain, operate, repair, update and replace its own security system on the Premises, including without limitation, card access readers, and interior and exterior cameras (collectively, the “Security System”), subject to Landlord’s approval of the location and installation methods of such Security System, not to be unreasonably withheld. Any such installation of Tenant’s Security System shall be an Alteration (as defined hereunder) and shall be subject to all applicable provisions of Sections 12 and 13 of this Lease. Tenant shall provide to Landlord card access readers, keys or combinations, as the case may be, to permit Landlord to access all part of the Premises, subject to the terms of this ~~Section 11~~Lease and Tenant’s security, ~~water, electricity, heat, air conditioning, light, power, sewer~~safety, and ~~other utilities~~ clean-room procedures. Upon the expiration or earlier termination of this Lease, Landlord, at its option, may either require Tenant to leave the Security System in place, in good working order, and transfer ownership thereof to Landlord, or remove the Security System and repair any damage resulting therefrom (which determination by Landlord shall be made and delivered to Tenant at the same time as the approval of Tenant’s Security System). (d) Tenant, at Tenant’s sole cost and expense, shall have the right to install one 600 k.w. generator, together with one generator pad and a sound attenuation house (not to exceed 480 contiguous useable square feet of ground area and 11’4” feet in height), reasonably necessary for Tenant’s business operations in the Premises for emergency, electrical back-up purposes, including ~~gas~~ one above-ground diesel fuel tank with a capacity of up to 350 gallons, a conduit (no greater than six inches (6”) in diameter) and ~~fire sprinklers~~ wires running within the said conduit to connect the generator to Tenant’s equipment in the Building, a muffler with a sound/noise level not to exceed sixty (60) decibels of a distance of not more than twenty (20) feet from the equipment (the sixty (60) decibels maximum sound level applies to all equipment noise, including HVAC), and all related equipment and apparatus (the “Generator”), strictly under and subject to the following conditions: (i) Before beginning the installation of the Generator, which Tenant shall perform in a good and workmanlike manner and in compliance with the following standards, Tenant shall first obtain Landlord’s written approval, not to be unreasonably withheld, and in connection therewith Tenant shall provide to Landlord final plans and specifications prepared by an engineer approved by Landlord and setting forth in detail the design, location, size, method of installation, screening and all related equipment and apparatus for Landlord’s review and written approval, together with evidence reasonably satisfactory to Landlord that all Laws and industry standards have been satisfied. Landlord’s approval shall not constitute a representation or warranty by Landlord that Tenant’s plans and specifications comply with any Laws or industry standards as such compliance shall be the sole responsibility of Tenant. Landlord, at Landlord’s sole and reasonable discretion, shall determine the type of screening required to be maintained around the generator and the places and method of penetrating the exterior of the Building to connect the Generator to the Premises, at Tenant’s sole cost and expense; (ii) At least three (3) business days prior to the Generator installation, Tenant shall notify Landlord of the date and time of the installation and such installation shall be fully coordinated with Landlord. Such installation shall not damage the Building or materially interfere with the use of any portion of the Building during Normal Business Hours while such installation is taking place; (iii) Tenant shall have the obligation to perform and shall pay all costs and expenses in connection with, arising out of, or related to the Generator including without limitation the installation, use, operation, insurance, maintenance, repair, tangible personal property taxes, and, to the extent necessary and appropriate, replacement, as may be needed to keep the ~~Project is plumbed~~ Generator in a safe, good, orderly condition and repair. In connection with the Generator, Tenant shall reimburse Landlord for ~~such services~~the reasonable costs and expenses of Landlord’s consultants, architects, engineers, contractors and attorneys upon invoice; (iv) Tenant shall properly fuel and immediately notify Landlord verbally and in writing and remove from the area and otherwise remediate any spills or other leaks of fluid from the Generator or otherwise connected therewith and shall otherwise comply with all Environmental Laws (as defined hereunder), ~~refuse~~ industry standards and ~~trash collection~~ Building Rules, as reasonably imposed by Landlord. All testing of the Generator shall be performed after Normal Business Hours and ~~janitorial services (collectively, “Utilities”)~~in accordance with a schedule to be submitted in advance to and approved in writing by Landlord. Landlord shall ~~pay~~have the right, during the Term, to relocate the Generator, at Landlord’s sole cost and expense. Landlord shall have the right, during the Term, to require Tenant to modify the Generator sound attenuation housing and exhaust system if, in Landlord’s reasonable discretion, noise or exhaust fumes are interfering with other tenants and occupants in the Building or the Property; (v) During the Term, the Generator shall remain the personal property of Tenant, but at the expiration or earlier termination of this Lease, the Generator shall become the sole and exclusive property of Landlord without any payment to Tenant, subject to the provisions of Section 21(a) below; and, (vi) All applicable terms and conditions of this Lease shall apply to the Generator, except that the Generator area shall not be included within the rentable area calculation of the Premises. (e) Landlord manages the roof access from the Building and Tenant shall abide by Landlord’s roof access procedures, as ~~Operating Expenses~~ set forth in this Section 7(e). Tenant shall have the right to install, maintain, and repair a satellite business terminal system and its components for Tenant’s business operations (hereinafter the “Satellite System”), consisting of an outdoor satellite antenna and electronic unit on the roof of the Building, indoor electronics unit within the Premises and IFL or other signal cables under a non-exclusive license from Landlord, under and subject to ~~Tenant~~the following conditions: (i) Tenant shall comply with all Laws and industry standards with respect to the Satellite System; (ii) Tenant shall obtain Landlord’s ~~reimbursement obligation~~prior approval of the Satellite System for aesthetics, ~~for all Utilities used~~ sound consideration and of the location of the Satellite System on the ~~Premises~~roof of the Building and all roof penetrations required for the installation of the Satellite System, which approval shall not be unreasonably conditioned, withheld, or delayed; (iii) if Landlord approves installation of the Satellite System on the roof of the Building, Tenant agrees to consult with Landlord’s roofing contractor prior to installation and strictly to comply with the roofing contractor’s recommendations and requirements; and (iv) Tenant shall pay all costs incurred by Landlord in connection with the Satellite System including, without limitation, all ~~maintenance~~ architectural, engineering, contractors’ and legal fees, any charges ~~for Utilities~~incurred by Landlord’s roofing contractor and other consultants, and any ~~storm sewer charges~~ and all damage, repairs and restoration resulting from the installation, operation, maintenance, repair, replacement, relocation and removal of the Satellite System. Access to the roof of the Building shall be restricted by Landlord at all times. Accordingly, Tenant shall notify Landlord at least three (3) business days prior to the installation of the Satellite System and Tenant, utilizing Landlord’s roofing contractor, shall install the Satellite System only if Landlord, its agent, or its roofing contractor is present. Tenant shall maintain the Satellite System in a safe, good, and orderly condition. The installation, maintenance, repair, and removal of the Satellite System shall be performed by Landlord’s roofing contractor at Tenant’s sole cost and expense in a manner which will not impair the integrity of, damage, or adversely affect the warranty applicable to, the roof or any other portion of the Building. The Satellite System shall not cause interference with any other existing telecommunications systems of Landlord or other ~~similar charges~~ tenants or occupants of the Building. The Satellite System shall be used solely by Tenant in the ordinary course of its business for ~~Utilities imposed by any Governmental Authority or Utility provider~~its Use, and Tenant shall not allow any ~~taxes~~parties other than Tenant, ~~penalties~~its contractors, ~~surcharges~~ sublessees, licensees, and invitees within the Premises to use the Satellite System. If any work to the Building or ~~similar charges thereon~~the Property by Landlord or its contractors necessitates removing or relocating the Satellite System or any Satellite System components, Landlord shall, at Landlord’s sole cost and expense, remove and reinstall or relocate same to a new location designated by Landlord, as applicable. Tenant hereby waives all claims for recovery against Landlord for any and all loss or damage which may be inflicted upon the Satellite System and its operation by Landlord or its Agents or other tenants in the Building or from any other cause. Landlord shall not ~~cause~~ be responsible or liable for any ~~Utilities to~~ interruption in connection with the ~~Premises which are not currently separately metered to be separately metered~~Satellite System, nor shall such interruption affect the continuation or validity of this Lease. Tenant shall ~~pay directly to~~ retain ownership of the ~~Utility provider~~Satellite System. Accordingly, ~~prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant~~ no later than the expiration or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, earlier termination of this ~~Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use.~~ Lease, at Tenant’s sole expense, Tenant, utilizing Landlord’s ~~sole obligation for either providing emergency generators or providing emergency back-up power to Tenant~~ roofing contractor, shall ~~be: (i) to provide emergency generators with not less than~~ remove the ~~capacity of the emergency generators located in the Building as of the Commencement Date~~Satellite System and repair any resulting damage, ordinary wear and tear, damage by casualty, and ~~(ii) to contract~~ repairs that are Landlord’s responsibility excepted, all in accordance with ~~a third party to maintain~~ the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period terms of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededSection 12 below.

Appears in 2 contracts

Sources: Lease Agreement (Caris Life Sciences, Inc.), Lease Agreement (Caris Life Sciences, Inc.)

Utilities, Services. ~~Landlord~~ Tenant shall ~~provide, subject to the terms of this Section 11,~~ contract directly with utility providers for all water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection ~~and janitorial services~~ (~~collectively,~~ “Utilities”)) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord ~~shall pay~~shall, as part of Operating ~~Expenses or subject to Tenant’s reimbursement obligation~~Expenses, pay for ~~all Utilities used on the Premises,~~ all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause~~ To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities ~~to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the~~ imposed by any Governmental Authority or Utility provider, ~~prior to delinquency~~or any taxes, ~~any separately metered Utilities and services which may be furnished to Tenant~~ penalties, surcharges or ~~the Premises during the Term.~~ similar charges are paid for by Landlord, Tenant shall ~~pay,~~ reimburse Landlord for such costs as ~~part of~~ Operating Expenses~~, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord~~. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant ~~agrees~~ shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: the contrary set forth herein, if (i) ~~to provide emergency generators with not less than the capacity~~ a stoppage of ~~the emergency generators located in the Building~~ an Essential Service (as ~~of the Commencement Date, and (ii~~defined below) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed.~~shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service

Appears in 2 contracts

Sources: Sublease (Gossamer Bio, Inc.), Sublease (Gossamer Bio, Inc.)

Appears in 2 contracts

Sources: Lease Agreement (Stem Cell Assurance, Inc.), Lease Agreement (Stem Cell Assurance, Inc.)

Utilities, Services. Except for water, sewer and refuse and trash collection for the Common Areas, with respect to which Landlord shall ~~provide~~contract directly with the applicable Utility providers, ~~subject to the terms of this Section 11, water,~~ Tenant shall contract directly with Utility providers for all electricity, heat, ~~air conditioning,~~ light, power~~, sewer~~, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection ~~and janitorial services~~ (~~collectively,~~ “Utilities”)) required by Tenant during the Term. ~~Landlord~~ Commencing on the Commencement Date, Tenant shall ~~pay, as Operating Expenses or subject~~ pay directly to ~~Tenant’s reimbursement obligation,~~ such Utility providers prior to delinquency for all such Utilities ~~used on~~ furnished to the ~~Premises,~~ Tenant or the Premises during the Term and shall pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause~~ To the extent that any Utilities ~~to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the~~ (including, without limitation, water and sewer), maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, ~~prior to delinquency~~or any taxes, ~~any separately metered Utilities and services which may be furnished to Tenant~~ penalties, surcharges or ~~the Premises during the Term.~~ similar charges are paid for by Landlord, Tenant shall ~~pay,~~ reimburse Landlord for such costs as ~~part of~~ Operating Expenses~~, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord~~. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant ~~agrees to limit use of water and sewer with respect to Common Areas to normal restroom use~~shall be responsible for obtaining its own janitorial services for the Premises. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Notwithstanding anything to the contrary contained herein, Tenant shall have the right to install, at Tenant’s sole cost and expense, one emergency generator, and related screening of a design and type reasonably acceptable to Landlord (the “Emergency Generator”) in a portion of Project reasonably acceptable to Landlord (“Generator Area”). Commencing on the date such Emergency Generator is installed, Tenant shall have all of the obligations under this Lease with respect to the Generator Area as though the Generator Area were part of the Premises. The number of parking spaces available to Tenant under this Lease may be reduced by the number of parking spaces impacted by the Generator Area, if any. Tenant shall, if required by Landlord, remove the Emergency Generator at the expiration or earlier termination of this Lease. Tenant shall surrender the Generator Area free of any debris and trash and free of any Hazardous Materials upon the expiration or earlier termination of the Term. Landlord shall have no obligation to make any repairs or improvements to the Emergency Generator or the Generator Area and Tenant shall maintain the Emergency Generator and the Generator Area, at Tenant’s sole cost and expense, in good repair and condition during the Term.

Appears in 2 contracts

Sources: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)

Utilities, Services. ~~Landlord shall provide~~If marked, ~~subject~~ the expense and responsibility of the following items are to be that of the Tenant. Electric Oven Drip Pans Water Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 2 Months Locks/Keys Refrigerator Water Filter The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the ~~terms~~ attention of ~~this Section 11~~the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, ~~electricity, heat, air conditioning, light, power,~~ sewer, trash, guarded security gate or other services and ~~other utilities (~~the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including ~~gas~~ but not limited to water, sewer and ~~fire sprinklers~~ trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for paying for the monthly water xxxx and monthly sewer xxxx if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the TENANT under the lease. TENANT is responsible for any cost related to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall not cause any Utilities to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or installation and/or maintenance of ~~the emergency generators when the emergency generators are not operational~~phone lines, ~~including any delays thereto due~~ cable lines, outlets and/or jacks, if TENANT chooses to ~~the inability to obtain parts or replacement equipment, Landlord shall~~ have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededphone land line service and/or cable service.

Appears in 2 contracts

Sources: Residential Lease, Residential Lease

Utilities, Services. ~~Landlord~~ Commencing on the Commencement Date, Tenant shall ~~provide, subject to the terms of this Section 11,~~ contract directly with utility providers for all water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), janitorial, and refuse and trash collection ~~and janitorial services~~ (~~collectively,~~ “Utilities”)) required and/or utilized by Tenant during the Term. ~~Landlord~~ Tenant shall ~~pay, as Operating Expenses or subject~~ pay directly to ~~Tenant’s reimbursement obligation,~~ such Utility providers prior to delinquency for all such Utilities ~~used on~~ furnished to Tenant or the ~~Premises,~~ Project during the Term and shall pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause~~ To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities ~~to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the~~ imposed by any Governmental Authority or Utility provider, ~~prior to delinquency~~or any taxes, ~~any separately metered Utilities and services which may be furnished to Tenant~~ penalties, surcharges or ~~the Premises during the Term.~~ similar charges are paid for by Landlord, Tenant shall ~~pay,~~ reimburse Landlord for such costs as ~~part of~~ Operating Expenses~~, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord~~. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this ~~Lease~~ Lease, or the abatement of Rent. ~~Tenant agrees~~ Notwithstanding anything to ~~limit use of water and sewer with respect to Common Areas to normal restroom use.~~ the contrary contained herein, during the period that Landlord is constructing Landlord’s ~~sole obligation for either providing emergency generators or providing emergency back-up power~~ Work, the portion of the cost of the Utilities furnished to ~~Tenant~~ the Project equitably attributable to Landlord’s construction of Landlord’s Work shall ~~be:~~ be included as part of the cost of Landlord’s Work. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 3 consecutive business days after Landlord shall have no received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such 3 business day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The rights granted to Tenant under this paragraph shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide services, and Landlord shall not otherwise be liable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, the term “Essential Services” shall mean the following services: HVAC service, water, sewer and electricity, but in each case only to the extent that Landlord has an obligation to provide same to Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwiseunder this Lease. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation Tenant agrees to provide ~~Tenant~~ Landlord with ~~an alternative back-up generator~~ access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or ~~generators or alternative sources~~ by another delivery method reasonably agreed to by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be included as part of ~~back-up power~~Operating Expenses. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.Net Lease Net Lease 9877 Xxxxxx/Cue - Page 12

Appears in 2 contracts

Sources: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Landlord shall use reasonable efforts to correct interruptions or failures of Utilities which are within the reasonable control of Landlord to correct within a reasonable period of time after Tenant provides Landlord with notice or such interruption or failure. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power~~ Notwithstanding anything to ~~Tenant shall be:~~ the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm~~ and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then, there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such 5 business day period; provided, however, that ~~the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During~~ if any ~~period of replacement, repair or maintenance~~ part of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Premises is reasonably useable for Tenant’s normal Net Multi-Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.Laboratory 11119 X. Xxxxxx Pines/Ligand - Page 11

Appears in 2 contracts

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

Appears in 2 contracts

Sources: Sublease Agreement (Immune Design Corp.), Sublease Agreement (Immune Design Corp.)

Appears in 2 contracts

Sources: Lease Agreement (CytomX Therapeutics, Inc.), Lease Agreement (CytomX Therapeutics, Inc.)

Utilities, Services. The hours of operation of the Project are 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, legal holidays excepted. During such periods, Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Upon request, Landlord shall make available at Tenant’s sole cost and expense after hours HVAC. The minimum use of after hours HVAC and the cost thereof shall be determined by Landlord and may thereafter be amended by Landlord as the same may change from time to time upon reasonable advance notice to Tenant. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement ~~obligation~~obligation below, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause~~ Tenant may cause, as part of Tenant’s Work under the Work Letter, any Utilities to ~~the Premises which are not currently~~ be separately metered ~~to be separately metered~~or submetered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer ~~with respect to Common Areas~~ to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due access to the ~~inability to obtain parts or replacement equipment, Landlord~~ Premises and Utilities shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. If Tenant does not elect to have the Premises metered or submetered for electricity as part of Tenant’s Work, upon written notice to Landlord delivered following the expiration of the 6th month of Base Term and prior to the expiration of the 9th month of the Base Term, Tenant may cause an energy audit of the electrical power being used in the Premises to be conducted by an energy auditor mutually acceptable to Landlord and Tenant, in their reasonable discretion. If the results of the audit indicate that the electrical power used for the Premises is substantially lower than the amount being paid by Tenant (as reasonably agreed upon by Landlord and Tenant) for electrical power as part of Operating Expenses, Landlord and Tenant shall negotiate in good faith a reasonable adjustment to the amount to be paid by Tenant for electrical power as part of Operating Expenses with respect to future payments of Operating Expenses.

Appears in 2 contracts

Sources: Lease Agreement (Adaptive Insights Inc), Lease Agreement (Adaptive Insights Inc)

Utilities, Services. Landlord shall provide, or cause to be provided, subject to the terms of this Section 11, water, electricity, heat, ventilation and air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), ~~refuse and trash collection and janitorial services~~ (collectively, “Utilities”) for the Premises in the allocations set forth in the Landlord/Tenant Utility Allocation Matrix as provided below. Tenant shall be responsible for its own janitorial services within the Premises. Landlord shall arrange for collection of office trash and refuse from the loading dock of the Building, and Tenant shall arrange for its janitorial services provider to deliver such trash and refuse from the Premises to the loading dock of the Building. The allocation of Utilities to be made available to the Premises, subject to the terms and conditions of this Lease, shall be as set forth in the Landlord/Tenant Utility Allocation Matrix attached to the Work Letter as Schedule 2(c)-2 (the “Landlord/Tenant Utility Allocation Matrix”). Landlord and Tenant shall provide and maintain the systems and equipment and services and utilities pursuant to the matrix attached hereto as Exhibit F, which Exhibit F is subject to the reasonable modification by Landlord from time to time to reflect actual operating practices, provided that no such modification shall materially expand the obligations of Tenant. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for 000 Xxxxxx, Xxxxxxxxx, MA/TCR2 Therapeutics Inc. - Page 16 jointly metered Utilities based upon consumption, as reasonably determined by ~~Landlord~~Landlord and without markup. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s ~~sole obligation for either providing emergency generators~~ designated online portal, or ~~providing emergency back-up power~~ by another delivery method reasonably agreed to ~~Tenant~~ by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data {including, without limitation, as may be required pursuant to applicable Legal Requirements) shall ~~be: (i) to provide emergency generators with not less than the capacity~~ be included as part of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededOperating Expenses.

Appears in 2 contracts

Sources: Lease Agreement (Tcr2 Therapeutics Inc.), Lease Agreement (Tcr2 Therapeutics Inc.)

Utilities, Services. ~~Landlord~~ Tenant, at Tenant’s sole cost and expense, shall ~~provide, subject to the terms of this Section 11,~~ pay for all water, electricity, sewage, gas, heat, ventilation, and air ~~conditioning~~conditioning charges, ~~light~~electricity, ~~power~~telephone, ~~sewer,~~ fire protection sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties (~~including gas and fire sprinklers to~~ unless the ~~extent the Project is plumbed for such services~~penalties arise out of Landlord’s negligence or willful misconduct), ~~refuse~~ and ~~trash collection~~ surcharges or the like pertaining to, and ~~janitorial~~ any maintenance charges for utilities, in all cases with no markup in cost by Landlord. Such services (~~collectively, “Utilities”)~~other than Tenant’s telephone services) shall be separately metered by Landlord at its sole expense (and without any indirect reimbursement by Tenant as Additional Rent) and billed to Tenant. Landlord shall ~~pay, as Operating Expenses or subject to Tenant’s reimbursement obligation,~~ in no event be liable for ~~all Utilities used on the Premises, all maintenance charges for Utilities, and~~ any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall not cause any Utilities to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of ~~Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction~~ utility services on or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed.~~except to the extent caused by Landlord’s negligence or willful misconduct or that of its agents, employees, or contractors. As part of its obligations hereunder, Tenant will regularly and frequently remove and dispose of trash and debris from the Premises, and shall keep the Premises and the surrounding areas outside of the Premises in a clean and sanitary condition, free from any debris, rodents or other pests, at Tenant’s sole cost and expense. If Landlord so elects, Landlord may provide and maintain trash receptacles in the Common Areas of the Property for the use and convenience of all tenants in the Property, and in such event, Tenant shall reimburse Landlord for Tenant’s Proportionate Share of the Common Area Maintenance Expenses for the cost of maintaining and removing trash from such receptacles as a Common Area Maintenance Expense of the Property. Unless Tenant receives written notice from Landlord to the contrary, it shall be Tenant’s sole responsibility to provide general cleaning and janitorial services to the Premises at Tenant’s sole cost and

Appears in 2 contracts

Sources: Standard Industrial Lease Agreement, Standard Industrial Lease (Wells Real Estate Investment Trust Ii Inc)

Utilities, Services. (a) Landlord shall provide, subject to the terms of this Section 119, water, electricity, heat, air conditioning, light, power, passenger elevator service, telephone (to the central demarcation room only), sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, for the office portion of the Premises only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Electricity serving the Premises will be separately submetered. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause ~~whatsoever other than Landlord’s willful misconduct~~whatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. (b) Tenant shall provide janitorial services and trash collection for the laboratory portion of the Premises, and Landlord shall provide as an Operating Expense a dumpster and/or compactor at the loading dock for use by Tenant in common with others entitled thereto for the disposal of non-hazardous and non-controlled substances and material. (c) Tenant may use the freight elevator and loading dock in common with others entitled thereto at no additional charge. The regular hours of operation of the freight elevator and loading dock are 24 hours per day, 7 days per week, subject to downtime for maintenance and repairs. (d) Landlord’s sole obligation for ~~either~~ providing ~~emergency~~ standby generators or ~~providing emergency back-up~~ any other standby power equipment, systems, furnishings or personal property, whether or not affixed to ~~Tenant~~ the Building (collectively, the “Equipment”) shall ~~be:~~ be (i) to provide ~~emergency generators with not less than the capacity of the emergency generators located~~ such Equipment as is determined by Landlord in ~~the Building as of the Commencement Date~~its sole and absolute discretion, and (ii) to contract with a third party (determined by Landlord to be qualified) to maintain the ~~emergency generators as~~ Equipment that is deemed by Landlord (in its reasonable professional discretion) to need periodic maintenance per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational ~~emergency generators~~ Equipment, back-up Equipment or back-up ~~power~~ utilities or to supervise, oversee or confirm that the third party maintaining the ~~emergency generators~~ Equipment is maintaining the ~~generators~~ Equipment as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the ~~emergency generators~~ Equipment when ~~the emergency generators are~~ such Equipment is not operational, including any delays thereto due to the inability to obtain parts or ~~replacement equipment~~replacements, Landlord shall have no obligation to provide Tenant with an alternative or back-up ~~generator or generators~~ Equipment or alternative sources of ~~back-up power~~utilities. Tenant expressly acknowledges and agrees that Landlord does not guaranty that ~~such emergency generators~~ the Equipment will be operational at all ~~times~~ times, will function or perform adequately, or that emergency power will be available to the Premises when needed, and Landlord shall not be liable for any damages resulting from the failure of such Equipment. Tenant hereby releases Landlord from and against any and all claims arising directly or indirectly out of or relating to the Equipment, or the existence, use of failure thereof, unless caused solely by the willful misconduct or gross negligence of Landlord. The terms of this Section 9(d) shall survive the expiration or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Eleven Biotherapeutics, Inc.), Lease Agreement (Eleven Biotherapeutics, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to provided however, that Tenant shall be responsible for the ~~extent~~ relocation of any fire sprinklers in connection with the ~~Project is plumbed for such services~~construction of the Tenant Improvements), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not~~ may cause any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, use and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededjanitorial services.

Appears in 2 contracts

Sources: Lease Agreement (Ambrx Biopharma Inc.), Lease Agreement (Ambrx Biopharma Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Notwithstanding the foregoing, Tenant shall be responsible for obtaining its own janitorial services for the Premises. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. With the exception of Landlord’s obligations as set forth above, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Landlord shall provide with Tenant ~~expressly acknowledges and agrees that~~ 48 hours advance notice of any stoppage in the service of the emergency generator by Landlord ~~does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed~~for planned repairs.

Appears in 2 contracts

Sources: Lease Agreement (Fate Therapeutics Inc), Lease Agreement (Fate Therapeutics Inc)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. If Tenant’s use of a Utility materially exceeds Tenant’s Share of Utilities, Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any such Utilities ~~to the Premises which are not currently separately metered~~ to be separately ~~metered~~metered or charged directly to Tenant by the provider. If Landlord otherwise decides to install separate meters or submeters, the cost of such installation will be paid by Landlord outside of Operating Expenses. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant ~~agrees~~ shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such ~~emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.~~Service Interruption

Appears in 2 contracts

Sources: Lease Agreement (Metacrine, Inc.), Lease Agreement (Metacrine, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Subject to Tenant complying with all of the provisions of this Lease including without limitation, Section 12 hereof, and all applicable Legal Requirements and Landlord’s ~~sole obligation for either providing~~ reasonable rules and regulations (which rules and regulations shall be enforced in a non-discriminatory manner), Tenant shall have the right to install one or more emergency generators ~~or providing emergency back-up power~~ of a size and wattage reasonably acceptable to Landlord (the “Emergency Generators”) in locations reasonably acceptable to Landlord and Tenant (collectively, the “Generator Areas”). Tenant shall have all of the obligations under this Lease with respect to the Generator Areas as though the Generator Areas were part of the Premises including, without limitation, the delivery of a Surrender Plan with respect to the Generator Areas pursuant to Section 28. The number of parking spaces available to Tenant under this Lease shall ~~be: (i)~~ be reduced by the number of parking spaces impacted by the Generator Areas, if any. All such improvements to ~~provide emergency generators~~ the Generator Areas shall be of a design and type and with ~~not less than~~ screening and landscaping acceptable to Landlord, in Landlord’s reasonable discretion. Landlord shall have the ~~capacity~~ right, in its sole and absolute discretion, to require Tenant to remove any such Emergency Generators installed by Tenant at the expiration or earlier termination of the ~~emergency generators located in~~ Term. If the ~~Building as~~ Emergency Generators are removed by Tenant, Tenant will restore the Generator Areas to their original use and condition. Notwithstanding anything to the contrary contained herein, Tenant shall surrender the Generator Areas free of any debris and trash and free of any Hazardous Materials upon the expiration or earlier termination of the ~~Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines~~Term. Landlord shall have no obligation to ~~provide~~ make any repairs or improvements to the Emergency Generators or the Generator Areas and Tenant ~~with operational emergency generators or back-up power or to supervise~~shall maintain the same, ~~oversee or confirm that~~ at Tenant’s sole cost and expense, in good repair and condition during the ~~third party maintaining~~ Term as though the ~~emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance~~ same were part of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededPremises.

Appears in 2 contracts

Sources: Lease Agreement (Cue Health Inc.), Lease Agreement (Cue Health Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, janitorial services to the Common Areas, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection ~~and janitorial services~~ (collectively, “"Utilities”"). Landlord shall pay, as Operating Expenses or subject to Tenant’s 's reimbursement obligation, for all Utilities used on the Premises, ~~all~~ ail maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant's expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s 's willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s 's sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the stated capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s 's standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s 's standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 2 contracts

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

Utilities, Services. Section 8.1 Landlord shall ~~provide, subject~~ not be responsible for providing any utility service to the ~~terms~~ Premises nor for providing meters, submeters or other devices for the measurement of ~~this Section 11~~utilities supplied to the Premises, and Tenant shall arrange for the furnishing to the Premises of such utility services as it may require, as well as for the installation of all such meters, submeters or other devices. Tenant shall be solely responsible for and shall promptly pay, to Landlord or the utility company, as applicable, as and when the same become due and payable, all charges for water, sewer, electricity, ~~heat~~gas, ~~air conditioning~~telephone, ~~light~~cable service, ~~power~~internet service, ~~sewer~~steam, and any other utility or other communication device used or consumed in the Premises and supplied by a public utility or public authority or any other person, firm, or entity supplying same. If Landlord has designated any person or persons to provide one or more utility services to the Real Property, Tenant shall use the designated person(s) to obtain the applicable utility services. Section 8.2 Tenant shall not overload the electrical system serving the Premises, and shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, pipes, valves, or other facilities by which electric and other utilities ~~(including gas and fire sprinklers~~ are supplied to, distributed in or serve the Premises. If Tenant desires to ~~the extent the Project is plumbed for~~ install any equipment that shall require additional utility facilities, such ~~services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord~~ installation shall ~~pay, as Operating Expenses or~~ be subject to ~~Tenant~~Landlord’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. prior approval Section 8.3 Landlord ~~shall not cause any Utilities~~ has no obligation to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished provide to Tenant or the Premises any services except as expressly set forth in this lease. Without limiting the foregoing, Landlord is not responsible for providing heat, electric, water, gas, air conditioning, steam, sewer service, cleaning service, trash collection, extermination, cable or internet service or ventilation to the Premises. Landlord does not represent or warrant that any utility or other service provided by Landlord, or any utility or other service used or to be used by Tenant at the Premises, (a) shall be adequate for Tenant’s particular purposes or (b) shall be free from interruption or reduction. Section 8.4 If any utility or other service (a) becomes unavailable from any public utility company, public authority or any other person or entity supplying or distributing same (including Landlord), or (b) is interrupted by reason of Laws, the making of any repairs or improvements, or measures taken to secure the safety of the Real Property, or the safety and welfare of its tenants or occupants, or the public, or by reason of any cause beyond Landlord’s reasonable control, (i) Landlord shall not be liable to Tenant in damages or otherwise, (ii) Tenant may not xxxxx Rent or be relieved of any of its obligations under this lease, and (iii) such lack of availability or interruption shall not constitute an actual or constructive eviction, or a disturbance of Tenant’s use of the Premises. Section 8.5 Tenant shall enter into, and maintain at all times during the Term~~. Tenant shall pay~~, ~~as part~~ a contract for the daily removal of ~~Operating Expenses~~Tenant’s trash from the Building, ~~its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined~~ with the xxxxxx selected by Xxxxxx and approved by Landlord~~. No interruption or failure of Utilities~~, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due trash removal services to the ~~inability~~ Building, subject to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededany applicable Rules.

Appears in 2 contracts

Sources: Retail Lease, Retail Lease

Appears in 1 contract

Sources: Sublease

Appears in 1 contract

Sources: Lease Agreement (Pharmathene, Inc)

Utilities, Services. The Premises are stubbed to receive water, electricity, heat, light, power, telephone and sewer service. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Except in the case of an emergency, Landlord shall provide Tenant with written notice at least 3 business days prior to Landlord intentionally interrupting any Utilities to the Premises. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators for the 9363 Building with not less than the capacity of the emergency generators located in the 9363 Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Landlord shall provide Tenant ~~expressly acknowledges and agrees that Landlord does not guaranty that such~~ with written notice at least 5 business days prior to any replacement, repair or maintenance of the emergency generators ~~will~~ during which the emergency generators are scheduled not to be ~~operational at all times or that emergency power will be available to the Premises when needed~~operational.

Appears in 1 contract

Sources: Lease Agreement (Amylin Pharmaceuticals Inc)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 1111 and the other provisions of this Lease, water, electricity, ~~heat~~HVAC (twenty-four hours per day, ~~air conditioning~~seven days per week), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Net Multi-Tenant Laboratory 825 Industrial/Allakos - Page 11 Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be: (i)~~ retain third parties reasonably acceptable to Landlord to provide ~~emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date,~~ janitorial services and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available trash collection services to the Premises ~~when needed~~and Tenant shall pay such third parties directly for such janitorial and trash collection services.

Appears in 1 contract

Sources: Lease Agreement (Allakos Inc.)

Utilities, Services. Tenant shall, within three (3) business days following the Possession Date, transfer all separately metered telephone, electric, gas, or any utility other than water and sewer that is used or consumed in the Premises into Tenants’ name and promptly pay all related charges due. In the event Tenant fails to transfer the utilities within three (3) business days, Landlord shall ~~provide, subject to the terms of this Section 11, water, electricity, heat, air conditioning, light, power, sewer,~~ have any and ~~other utilities (including gas~~ all utility companies disconnect any utility services not transferred by Tenant. Tenant shall be solely responsible for and ~~fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall~~ promptly pay, within ten (10) days following notice from Landlord, all charges for separately metered or shared utilities, including, without limitation, Tenant’s separately metered telephone, electric, gas, or any utility other than water and sewer that is used or consumed in the Premises; provided, however, that trash shall be excluded, except for all restaurant and/or food users, as it is specifically included in the definition of Operating ~~Expenses~~ Expenses. Tenant shall further be responsible for any utility connection charges, or ~~subject~~ system development charges, from any and all utility companies or districts that are attributable to Tenant’s ~~reimbursement obligation, for all Utilities used on~~ separately metered utilities. In the ~~Premises, all maintenance~~ event these charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall not cause any Utilities are billed to the ~~Premises which are not currently separately metered~~ Landlord, Tenant shall make payment of the full amount or an amount equal to ~~be separately metered~~Xxxxxx’s prorata share of Landlord’s actual cost for any shared utilities billed to Landlord within ten (10) days after receiving written notice from Landlord of such billed amount. Tenant shall pay ~~directly to the Utility provider, prior to delinquency, any~~ for all separately metered ~~Utilities~~ or shared utilities, including, without limitation, , gas, power, electric, and all other utilities used by Tenant on, in or at the Premises, including grease interceptor and trash services ~~which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges~~ for ~~jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities~~restaurant and/or food users only, from and after the Possession Date. In the event Landlord bills Tenant for any ~~cause whatsoever other than~~ shared utilities, Tenant shall, within ten (10) days following notice from Landlord~~’s willful misconduct~~, ~~shall result in eviction or constructive eviction of Tenant~~pay Landlord such billed amount. If any such charges are not paid when due, ~~termination of this Lease or~~ Landlord may pay the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Datesame, and ~~(ii)~~ any amount so paid by Landlord shall thereupon become due to ~~contract with a third party to maintain the emergency generators~~ Landlord from Tenant as ~~per the manufacturer’s standard maintenance guidelines~~Additional Rent. Landlord shall have ~~no obligation~~ the option of requiring Tenant to ~~provide~~ install its own gas and electric meter, at Tenant’s sole cost and expense. In the event that any utilities are furnished by Landlord, the rates charged to Tenant ~~with operational emergency generators or back~~therefor shall not exceed those that would be charged by the local public utility company if the same were furnished directly to Tenant, and such charges shall not be less than Tenant’s Pro-~~up power or to supervise~~Rata Share of such jointly metered service, ~~oversee or confirm that~~ which will be determined based on the ~~third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance~~ respective floor areas of the ~~emergency generators when the emergency generators~~ parties served by such jointly metered utility service. Where utilities are ~~not operational, including any delays thereto due to the inability to obtain parts or replacement equipment~~so jointly metered, Landlord shall ~~have~~ not be liable in damages or otherwise for any failure or interruption of any utility service being furnished to the Premises, and no ~~obligation~~ such failure or interruptions shall entitle Tenant to ~~provide~~ terminate this Lease or to xxxxx any payment of any portion of any rent due or to become due hereunder; provided, however, that if any such utilities are so interrupted as a result of the gross negligence acts of Landlord or its agents or contractors, then Tenant ~~with an alternative back-up generator or generators or alternative sources~~ shall be entitled to xxxxx rent during the period of ~~back-up power~~such interruption. Tenant ~~expressly~~ hereby acknowledges that no utility company is or shall be considered to be an agent, representative, or contractor of, or be deemed to have any similar relationship to Landlord, and ~~agrees that~~ Landlord ~~does~~ will not ~~guaranty that~~ be responsible or otherwise liable for any act or omission on the part of any such ~~emergency generators will be operational at all times or that emergency power will be available~~ utility company. In the event Landlord furnishes any utilities to the Premises ~~when needed~~and thereafter elects to discontinue, or is unable to continue, furnishing the same such utilities for any reason (other than the failure by Tenant to pay any utility charge or any of the rent to be paid hereunder), then Landlord shall so inform Xxxxxx in writing and Tenant shall, within ten (10) calendar days after Landlord gives such notice, obtain its own utilities for the Premises.

Appears in 1 contract

Sources: Medical Office Lease

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to Tenant by the provider. The Common Building Systems shall be separately metered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as set forth in the immediately following paragraph, the abatement of Rent. Tenant ~~agrees to limit use of water~~ shall be responsible for obtaining and ~~sewer with respect to Common Areas to normal restroom use~~paying for its own janitorial services for the Premises. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ During the Term, Tenant shall ~~be: (i) to provide emergency generators with not less than~~ have exclusive control over the ~~capacity of~~ thermostats serving the ~~emergency generators~~ Premises that are located in within the ~~Building as of~~ Premises; provided, however, that Tenant shall exert its control over such thermostats reasonably during the ~~Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines~~Term. Landlord shall ~~have no obligation to provide~~ not charge Tenant ~~with operational emergency generators or back~~any xxxx-up ~~power~~ or premium over the actual costs incurred by Landlord in connection with the Building’s heating, ventilation and air-conditioning systems (“HVAC”) systems. Notwithstanding the foregoing, if any Essential Services are interrupted as a result of the gross negligence or willful misconduct of Landlord or the Landlord Parties and Tenant is unable to ~~supervise, oversee or confirm that~~ and does not conduct Tenant’s business operations in the ~~third party maintaining the emergency generators is maintaining the generators~~ Premises as ~~per the manufacturer’s standard guidelines or otherwise. During any~~ a result thereof for a period of ~~replacement~~more than 3 consecutive business days after written notice from Tenant to Landlord of such interruption (“Interruption Notice”), repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to Base Rent for the Premises ~~when needed.~~shall be abated commencing on the expiration of such notice period

Appears in 1 contract

Sources: Lease Agreement (Verenium Corp)

Utilities, Services. ~~Landlord~~ Commencing on the Commencement Date, Tenant shall ~~provide, subject to the terms of this Section 11,~~ contract directly with utility providers for all water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), janitorial, and refuse and trash collection ~~and janitorial services~~ (~~collectively,~~ “Utilities”)) required and/or utilized by Tenant during the Term. ~~Landlord~~ Tenant shall ~~pay, as Operating Expenses or subject~~ pay directly to ~~Tenant’s reimbursement obligation,~~ such Utility providers prior to delinquency for all such Utilities ~~used on~~ furnished to Tenant or the ~~Premises,~~ Project during the Term and shall pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause~~ To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities ~~to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the~~ imposed by any Governmental Authority or Utility provider, ~~prior to delinquency~~or any taxes, ~~any separately metered Utilities and services which may be furnished to Tenant~~ penalties, surcharges or ~~the Premises during the Term.~~ similar charges are paid for by Landlord, Tenant shall ~~pay,~~ reimburse Landlord for such costs as ~~part of~~ Operating Expenses~~, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord~~. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this ~~Lease~~ Lease, or the abatement of Rent. ~~Tenant agrees~~ Notwithstanding anything to ~~limit use~~ the contrary contained herein, for the period commencing on the Commencement Date through the day immediately preceding the Subsequent Premises Commencement Date, Landlord shall be responsible out of ~~water and sewer with respect~~ the TI Fund for the portion of the cost of the Utilities furnished to ~~Common Areas~~ the Project during such period equitably attributable to ~~normal restroom use.~~ Landlord’s ~~sole obligation for either providing emergency generators or providing emergency back-up power to~~ construction of the Tenant Improvements in the Subsequent Premises. Tenant shall ~~be:~~ have the right to use the existing emergency generator at the Project (i) which is designed to ~~provide emergency generators with not less than the~~ have a capacity of 1,250kW) (the ~~emergency generators located in~~ “Emergency Generator”). During the ~~Building as~~ period commencing on the mutual execution of this Lease by the parties through the Commencement Date, ~~and (ii) to contract with a third party to maintain~~ Landlord shall run the emergency ~~generators as~~ generator no less frequently than once per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any month for a period of ~~replacement, repair or maintenance~~ 15 minutes for the purpose of determining whether it operates when started. Except as expressly provided in the ~~emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment~~immediately preceding sentence, Landlord shall have no obligation with respect to ~~provide~~ any maintenance, repair or, except as otherwise expressly provided in this paragraph, replacements with respect to the Emergency Generator or any future emergency generator and Tenant shall be responsible for the maintenance, repair and replacement of the Emergency Generator and any future emergency generator during the Term in accordance with ~~an alternative back-up generator~~ the terms of Section 14 below. Landlord makes no representation or ~~generators~~ warranty with respect to the condition of the Emergency Generator or ~~alternative sources~~ with respect to suitability of ~~back-up power~~the Emergency Generator for Tenant’s use. Upon written request from Tenant, Landlord shall transfer to Tenant ~~expressly acknowledges~~ any permits then being held by Landlord, if any, required for the operation of the Emergency Generator by Tenant following the Commencement Date. If Tenant reasonably determines during the Base Term that the Emergency Generator needs to be replaced in order for Tenant to continue to operate in the Premises, then prior to any replacement of the Emergency Generator, Tenant may submit a written request to Landlord (the “Generator Replacement Request”) for Landlord’s approval of the replacement of the Emergency Generator. The Generator Replacement Request delivered by Tenant to Landlord shall (a) identify the reason that the replacement of the Emergency Generator is required and ~~agrees~~ include supporting documentation evidencing the need for the replacement as opposed to a repair, (b) identify the make, model and specifications of the replacement emergency generator, (c) include the anticipated schedule for the replacement, (d) identify the identity of the contractors that will perform the replacement (which contractors shall be reasonably acceptable to Landlord), which performance shall be subject to contracts reasonably acceptable to Landlord which identify Landlord as a third party beneficiary of such contracts and any warranties issued in connection with such contracts, and (e) the cost of the replacement emergency generator. Subject to Landlord’s review of the Generator Replacement Request and, if desired by Landlord, Landlord’s inspection of the Emergency Generator, Landlord shall make a determination regarding the Generator Replacement Request within 30 days after Landlord’s receipt of the Generator Replacement Request. If Landlord approves (which approval shall not be unreasonably withheld, conditioned or delayed), the Generator Replacement Request, Landlord shall reimburse Tenant for the cost of the replacement of the Emergency Generator (not to exceed the amount set forth in the Generator Replacement Request) within 30 days after Tenant’s delivery to Landlord of (i) a request for payment including evidence of payment of such cost, and (ii) unconditional lien releases from the contractors performing such replacement of the Emergency Generator. On the first day of the first full calendar month following Landlord’s reimbursement to Tenant of the cost of the Emergency Generator replacement (including the cost to purchase the replacement generator), Tenant shall commence paying on a monthly basis through the expiration of the Term, as part of Operating Expenses, the amount required to amortize the cost of such replacement of the Emergency Generator over the useful life of the replacement Emergency Generator (as reasonably determined by Landlord taking into account all relevant factors). If Landlord does not ~~guaranty that~~ approve the replacement of the Emergency Generator (the approval of which shall not be unreasonably withheld, conditioned or delayed), Landlord shall deliver written notice to Tenant of such ~~emergency generators will be operational~~ refusal along with the reason for such refusal. If Landlord does not approve Tenant’s Generator Replacement Request, (x) Tenant may replace the Emergency Generator at ~~all times~~ its own cost, or ~~that emergency power will be available~~ (y) Landlord and Tenant shall cooperate in good faith to develop an alternative scope of work to address the repairs needed to the ~~Premises when needed~~Emergency Generator reasonably acceptable to Landlord and Tenant. If required pursuant to applicable Legal Requirements, Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or by another delivery method reasonably agreed to by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data shall be included as part of Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Mirati Therapeutics, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to ~~Tenant~~Xxxxxx’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause any Utilities~~ Tenant may install, as an Alteration, submeters to measure electricity and water usage within the ~~Premises which are not currently separately metered to be separately metered~~Premises. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as ~~reasonably~~ determined by ~~Landlord~~Landlord reasonably and in good faith. Upon written request from Xxxxxx (but not more than once per quarter), Landlord shall provide Tenant reasonable back up reflecting how HVAC charges are being allocated among the tenants of the Building. Xxxxxxxx’s charges for Utilities shall not include any mark-up thereon. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as otherwise provided in the immediately following paragraph, the abatement of Rent. ~~Tenant agrees~~ Notwithstanding anything to ~~limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ the contrary contained herein, Tenant shall ~~be:~~ be responsible for obtaining and paying for janitorial services for the laboratory portions of the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm that~~ and (iii) as a result of such Service Interruption, the ~~third party maintaining the emergency generators is maintaining the generators as per the manufacturer~~conduct of Tenant’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to normal operations in the Premises ~~when needed.~~are materially and adversely affected, then there shall be an abatement of one Net Multi-Tenant Laboratory 825 Industrial – Multiple Suites/Vaxcyte - Page 22

Appears in 1 contract

Sources: Lease Agreement (Vaxcyte, Inc.)

Utilities, Services. (a) The hours of operation of the Project are 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, legal holidays excepted. Landlord shall provide, subject to the terms of this Section 119, water, electricity, ~~heat,~~ heat and air ~~conditioning~~conditioning (“HVAC”)(during such hours of operation), light, power, passenger elevator service, telephone (to the central demarcation room only), sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services)) to the Premises, the Common Areas and the Shared Conference Facility, and, for the Premises, Common Areas and Shared Conference Facility, refuse and trash collection and janitorial services (collectively, “Utilities”). Upon request, Landlord shall make available at Tenant’s sole cost and expense after hours HVAC. The minimum use of after hours HVAC and the cost thereof shall be determined by Landlord and may thereafter be amended by Landlord as the same may change from time to time upon reasonable advance notice to Tenant. Landlord shall pay, as part of Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause any Utilities~~ Electricity serving the Premises will be separately submetered, at Landlord’s expense, and electricity to the Premises ~~which are not currently separately metered~~ shall be charged directly to Tenant by Landlord. Landlord may cause, at Landlord’s expense, any other Utilities to be separately ~~metered~~metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause ~~whatsoever other than Landlord’s willful misconduct~~whatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. (b) Landlord shall, as an Operating Expense, provide janitorial services and trash collection for the Premises, and a dumpster and/or compactor at the loading dock for use by Tenant in common with others entitled thereto for the disposal of non-hazardous and non-controlled substances and material. (c) Tenant may use the freight elevator and loading dock in common with others entitled thereto at no additional charge. ~~Landlord’s sole obligation~~ The regular hours of operation of the freight elevator and loading dock are 24 hours per day, 7 days per week, subject to downtime for ~~either providing emergency generators or providing emergency back-up power to~~ maintenance and repairs. Tenant shall ~~be: (i)~~ provide Landlord with advance written notice prior to ~~provide emergency generators with not less than the capacity~~ Tenant’s use of the ~~emergency generators located in the Building as~~ freight elevator and/or loading dock outside of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period hours of ~~replacement, repair or maintenance~~ operation of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededProject set forth in Section 9(a) above.

Appears in 1 contract

Sources: Lease Agreement (Sage Therapeutics, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, potable water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to ~~Tenant~~Txxxxx’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Lxxxxxxx’s expense (except to the extent necessary as a result of Txxxxx’s disproportionate usage of Utilities), any Utilities ~~to the Premises which are~~ not ~~currently~~ otherwise separately metered as part of the Tenant Improvements to be separately ~~metered~~metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. Lxxxxxxx’s charge(s) for utilities shall not include any markup thereon. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be: (i) to provide emergency generators with not less than~~ be responsible during the ~~capacity of~~ Term for obtaining and paying for its own janitorial services for the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelinesPremises. ~~Landlord~~ Utilities shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by 739171641.8 Net Multi-Tenant Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 13 Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.

Appears in 1 contract

Sources: Assignment and Assumption of Lease (Vaxcyte, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, ~~water~~potable water (within 60 days after full execution of this Lease), electricity, heat, ventilation, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “"UTILITIES"). Any use by Tenant of Utilities shall be allocated to and paid by Tenant on such basis as Landlord shall determine for the Project. Tenant shall be entitled to use its pro rata share of Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s 's reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any ~~Governmental Authority~~ governmental entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant's expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord and shall pay the cost of any after hours Utilities allocated to it by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s 's willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators~~ If there is any interruption, failure, stoppage or ~~providing emergency back-up power to Tenant shall be:~~ interference of the utilities, (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s 's standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s 's standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Xcyte Therapies Inc)

Appears in 1 contract

Sources: Lease Agreement (Nurix Therapeutics, Inc.)

Appears in 1 contract

Sources: Lease Agreement (AVROBIO, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as otherwise set forth in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be:~~ retain third parties reasonably acceptable to Landlord to provide janitorial services and trash collection services to the Premises and Tenant shall pay such third parties directly for such janitorial and trash collection services. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm that~~ and (iii) as a result of such Service Interruption, the ~~third party maintaining the emergency generators is maintaining the generators as per the manufacturer~~conduct of Tenant’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.normal

Appears in 1 contract

Sources: Lease Agreement (Atreca, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. As part of the Tenant Improvements, Landlord shall ~~not~~ cause ~~any Utilities to~~ the Premises ~~which are not currently separately metered~~ to be separately ~~metered~~submetered for electricity and, commencing on the Commencement Date, Tenant shall pay to Landlord the cost of electricity consumed in the Premises based on such submeter as Additional Rent. Tenant shall pay directly to the Utility provider, prior to delinquency, ~~any~~ the cost of separately metered Utilities ~~and services which may be~~ furnished to Tenant or the Premises during the Term. With the exception only of electricity (or any other Utilities) separately metered or submetered to the Premises as provided above, Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant may elect to provide and pay directly for janitorial services and trash collection for the Premises. Landlord shall provide, as an Operating Expense, a dumpster and/or compactor for use by Tenant in common with others entitled thereto for the disposal of non-hazardous and non-controlled substances and material. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative ~~back-up~~ backup generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Tenant may use the freight elevator and loading dock in common with others entitled thereto at no additional charge. The regular hours of operation of the freight elevator and loading dock are 24 hours per day, 7 days per week, subject to downtime for maintenance and repairs.

Appears in 1 contract

Sources: Lease Agreement (Revolution Medicines, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as otherwise provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant~~ Utilities shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed.~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service

Appears in 1 contract

Sources: Lease Agreement (Regulus Therapeutics Inc.)

Appears in 1 contract

Sources: Lease Agreement (Calithera Biosciences, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as otherwise provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant~~ Utilities shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed.~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. 739123072.6 Net Multi-Tenant Laboratory 4224 Campus – Suite 210/Regulus - Page 11

Appears in 1 contract

Sources: Lease Agreement (Regulus Therapeutics Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, HVAC, sewer, and other utilities (including gas and fire ~~sprinklers to the extent the Project is plumbed for such services~~sprinklers), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement ~~obligation~~obligation below, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s reasonable expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be:~~ be responsible for obtaining and paying for its own janitorial services for the Premises. Subject to the other provisions of this Lease, Tenant shall have the ability during the Term, through the building management systems, to control the HVAC systems serving only the Premises solely for the purpose of controlling the temperatures within the Premises. Utilities shall be available to the Premises 24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord or any Landlord Party and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive days after Landlord shall have ~~no obligation~~ received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s normal operations in the Premises are materially and adversely affected, then, there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such 5 day period; provided, however, that if any part of the Premises is reasonably useable for Tenant’s normal business operations or if Tenant conducts all or any part of its operations in any portion of the Premises notwithstanding such Service Interruption, then the amount of each daily abatement of Base Rent shall only be proportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. Except as expressly provided in the immediately preceding paragraph, the rights granted to Tenant under this paragraph shall be Tenant’s sole and exclusive remedy resulting from a failure of Landlord to provide ~~Tenant with operational emergency generators or back-up power or to supervise~~services, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, and Landlord shall ~~have no obligation to provide Tenant with an alternative back-up generator~~ not otherwise be liable for any loss or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.damage suffered or

Appears in 1 contract

Sources: Lease Agreement (Vividion Therapeutics, Inc.)

Utilities, Services. (a) Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the Common Areas and Shared Conference Facility (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall ~~not cause any Utilities to~~ cause, at Landlord’s expense, the Premises ~~which are not currently separately metered~~ to be separately ~~metered~~sub-metered for electricity. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating ~~Expenses~~Expenses or as direct billed by Landlord, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. (b) Landlord shall provide, as an Operating Expense, janitorial services and trash collection for the office portion of the Premises, and Landlord shall provide as an Operating Expense a dumpster and/or compactor at the loading dock for use by Tenant in common with others entitled thereto for the disposal of non-hazardous and non-controlled substances and material. Tenant shall be responsible for obtaining and paying for its own janitorial services for the laboratory portion of the Premises. (c) Tenant may use the freight elevator and loading dock in common with others entitled thereto at no additional charge. The regular hours of operation of the freight elevator and loading dock are 24 hours per day, 7 days per week, subject to downtime for maintenance and repairs. (d) Tenant shall be responsible, at Tenant’s sole cost and expense (except as provided below), during the Term for the operation, maintenance and repair of the acid neutralization system serving the Premises (“Acid Neutralization System”). Tenant shall also be responsible, at its sole cost and expense, for obtaining and maintaining any and all licenses, permits and approvals required in connection with the Acid Neutralization System including, without limitation, the permit required from the Massachusetts Water Resources Authority for discharge through the Acid Neutralization System. In connection with its maintenance of the Acid Neutralization System, Tenant shall contract with a third party reasonably acceptable to Landlord (pursuant to a contract in form and content reasonably acceptable to Landlord) for the maintenance of the Acid Neutralization in accordance with the manufacturer’s standard maintenance guidelines. Tenant and all Tenant Parties shall use the Acid Neutralization System in accordance with this Lease, all applicable Legal Requirements and all applicable licenses, permits and approvals required in connection with the operation and maintenance of the Acid Neutralization System. Notwithstanding anything to the contrary contained in this Lease, the scope of Tenant’s Surrender Plan (as defined in Section 28) shall include all actions required for the proper cleaning, decommissioning and cessation of Tenant’s use of the Acid Neutralization System and the release of all licenses, permits and approvals obtained by Tenant in connection with the Acid Neutralization System. The scope of the Surrender Plan (as defined in Section 28 of this Lease) shall include all actions for the proper cleaning, decommissioning and cessation of Tenant’s use of the Acid Neutralization System, and all requirements under this Lease for the surrender of the Premises shall also apply to Tenant’s cessation of use of the Acid Neutralization System, in each case whether at Lease expiration, termination or prior thereto. Tenant acknowledges and agrees that its obligations under this Lease regarding the use of the Acid Neutralization System shall apply in all events. Landlord shall have no obligation to provide Tenant with operational emergency or back-up acid neutralization facilities or to supervise, oversee or confirm that the third party maintaining the Acid Neutralization System is maintaining such system as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the Acid Neutralization System when such system is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up system or facilities. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such Acid Neutralization System will be operational at all times or that such system will be available to the Premises when needed. In no event shall Landlord be liable to Tenant or any other party for any damages of any type, whether actual or consequential, suffered by Tenant or any such other person in the event that the Acid Neutralization System or back-up system, if any, or any replacement thereof fails or does not operate in a manner that meets Tenant’s requirements. Tenant acknowledges and agrees that its obligations under this Lease regarding the operation, maintenance, repair, replacement and use of the Acid Neutralization System shall apply in all events, notwithstanding that the Acid Neutralization System may be shared by other tenants or occupants of the Project. During any period when use of the Acid Neutralization System is shared with other tenants, Tenant’s obligation to pay for the operation, maintenance, repair and replacement costs of the Acid Neutralization System shall be allocated among Tenant and other user tenants on a pro rata basis, with Tenant’s share based on the ratio of the rentable square footage of the Premises to the sum of the rentable square footage of the Premises and the premises of all other user tenants. (e) Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency ~~generators are~~ generator is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. In no event shall Landlord be liable to Tenant or any other party for any damages of any type, whether actual or consequential, suffered by Tenant or any such other person in the event that any emergency generator or back-up power or any replacement thereof fails or does not provide sufficient power. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be responsible for 75% of the costs incurred by Landlord with respect to the operation, maintenance and repair of the emergency generators until such time as a tenant or tenants commence occupying other premises at the Project served by the emergency generators, at which time Tenant shall be responsible for is proportionate share of the costs incurred by Landlord with respect to such emergency generators.

Appears in 1 contract

Sources: Lease Agreement (OvaScience, Inc.)

Utilities, Services. IF " DOCVARIABLE "SWDocIDLocation" 1" = "1" " DOCPROPERTY "SWDocID" ACTIVEUS 189279026v.12" "" ACTIVEUS 189279026v.12 116947851_3 000 Xxxxxxx Xxxxxx, Xxxxx 000 (AOTC) / iTeos Therapeutics - Page 12 (a) Utilities, Janitorial Services. Landlord shall provide, subject to the terms of this Section 11, (i) facilities for hot and cold water, electricity, heat, ~~air conditioning,~~ light~~, power~~, sewer, and other utilities (including ~~gas and~~ fire sprinklers to the extent the Project is plumbed for such services)) (collectively, “Utilities”) and (ii) refuse and trash collection and janitorial services for the Common Areas and, at Landlord’s election, the Premises (collectively, “~~Utilities~~Janitorial Services”). Landlord shall ~~pay~~pay (except as otherwise expressly set forth herein), ~~as Operating Expenses or~~ subject to Tenant’s reimbursement ~~obligation~~obligation or inclusion of such costs as Operating Expenses, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, as well as the cost for Janitorial Services. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Landlord may cause, at Tenant’s expense, the Janitorial Services to be separately charged or charged directly to Tenant by the provider, in which case, Tenant shall pay directly to the Janitorial Services provider, prior to delinquency, any separately charged Janitorial Services. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon ~~consumption~~consumption and all charges for Janitorial Services that are not separately charged, as reasonably determined by Landlord. No interruption or failure of ~~Utilities~~Utilities or Janitorial Services, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. To the extent such services are not provided by Landlord~~’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ , Tenant shall ~~be: (i) to provide emergency generators with not less than~~ be responsible for obtaining and paying for its own janitorial services for the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelinesPremises. ~~Landlord~~ Utilities shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.

Appears in 1 contract

Sources: Lease Agreement (iTeos Therapeutics, Inc.)

Appears in 1 contract

Sources: Lease Agreement (Graphite Bio, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 1112, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, ~~“Utilities”~~"UTILITIES"). Landlord shall pay, as Operating Expenses or subject to Tenant’s 's reimbursement ~~obligation~~obligation below, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any ~~Governmental Authority~~ governmental entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant's expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. ~~No interruption or failure of Utilities~~Landlord shall not be liable for, ~~from~~ nor shall any ~~cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive~~ eviction of ~~Tenant~~Tenant result from, ~~termination~~ the failure to make available or furnish any such utility or service, whether or not such failure is caused by accident, breakage, failure to repair or repairs, force majeure, or by any other cause, excluding the gross negligence or willful misconduct of Landlord or its Related Parties. In the event of such failure, Tenant shall not be entitled to any abatement or reduction of Rent, nor be relieved from the operation of any covenant or agreement of this ~~Lease~~ Lease; provided, however, that if such failure is due to the gross negligence or willful misconduct of Landlord, its employees, agents or contractors and such interruption renders a substantial portion of the ~~abatement~~ Premises untenantable for their intended purposes for more than 5 continuous business days, then, as Tenant's sole and exclusive remedy for such failure, Tenant's obligation to pay Rent shall xxxxx for the period of ~~Rent~~time that the Premises remains substantially untenantable. Tenant agrees to limit use of water and sewer ~~with respect to~~ in the Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Memory Pharmaceuticals Corp)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, a minimum point of entry for IT, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Except for any separately metered Utilities to the Premises, Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. If Landlord ~~shall not cause~~ has a reasonable basis for doing so (e.g., Tenant use of any Utilities is excessive relative to other tenants), Landlord may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Sirna Therapeutics Inc)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Except for any separately metered Utilities provided to the Premises paid for directly by Tenant, Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Notwithstanding the foregoing, Tenant may elect by delivery of written notice to Landlord to be responsible for obtaining and paying for its own janitorial services to the Premises using vendors reasonably acceptable to Landlord. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Notwithstanding anything to the contrary contained herein, Landlord shall, at least once per quarter as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started. Landlord shall, upon written request from Tenant (not more frequently than once per calendar year), make available for Tenant’s inspection the maintenance contract and maintenance records for the emergency generators for the 12 month period immediately preceding Landlord’s receipt of Tenant’s written request. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or by another delivery method reasonably agreed to by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be included as part of Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Utilities, Services. ~~Landlord shall provide, subject~~ (a) Provision and Payment Subject to the terms of this Section 11, . Landlord shall provide water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the ~~Project~~ Building is plumbed for such services), refuse and trash ~~collection~~ collection, and janitorial services for the Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. Upon request, Landlord shall provide Tenant with evidence of the amounts of such jointly metered Utilities and the manner in which Landlord determined Tenant’s Share thereof. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Sublease (Atossa Genetics Inc)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall retain third parties reasonably acceptable to Landlord to provide janitorial services and trash collection services to the Premises and Tenant shall pay such third parties directly for such janitorial and trash collection services. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Landlord shall, upon written request from Tenant (not more frequently than once per calendar year), make available for Tenant’s inspection the maintenance contract and maintenance records for the emergency generators for the 12 month period immediately preceding Landlord’s receipt of Tenant’s written request. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Tenant agrees, to the extent required by Legal Requirements, to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or by another delivery method reasonably agreed to by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be included as part of Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Neoleukin Therapeutics, Inc.)

Appears in 1 contract

Sources: Lease Agreement (Prothena Corp PLC)

Utilities, Services. (a) Landlord shall provide, consistent with the standards of comparable first class mixed use (office/laboratory) buildings located in the Gaithersburg, Maryland area (“Comparable Buildings”) and subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection ~~and janitorial services~~ (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider, and Landlord shall not assess or impose any 9 West Waxxxxx Xill Road/BioVeris Corporation - Page 9 surcharge on any such Utilities. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as provided in this Section 11, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord~~If any interruption of the Utilities shall continue for more than 5 consecutive business days, or 30 business days (whether consecutive or not) out of 45 consecutive business days, and shall render any material portion of the Premises unusable for the purpose of conducting Tenant’s ~~sole obligation for either providing emergency generators or providing emergency back-up power~~ business as permitted under this Lease, then to ~~Tenant~~ the extent (and only to the extent) that Landlord receives insurance proceeds from its carrier in respect of such interruption, all Base Rent payable hereunder with respect to the affected portion of the Premises shall bebe abated to such extent as follows: (i) ~~to provide emergency generators with not less than~~ in the ~~capacity~~ case of an interruption of 5 consecutive business days, Base Rent shall abxxx xor such portion of the ~~emergency generators located in~~ Premises for the ~~Building as~~ period beginning on the 6th consecutive business day of such failure, and shall continue until substantial use of the ~~Commencement Date,~~ affected portion of the Premises is restored to Tenant; and (ii) in the case of an interruption of 30 business days out of 45 consecutive business days, Base Rent shall abxxx, during that calendar year, immediately for any additional business day after the 30th business day of interruption and shall continue until substantial use of the affected portion of the Premises is restored to Tenant. (b) Landlord and Tenant acknowledge that an emergency power generator (the “Generator”) is located at the Building, which Generator supports the HVAC, the water pumps, and the fire detection, life and safety systems of the Building. Landlord shall contract with a third party contractor to maintain the ~~emergency generators as per~~ Generator according to the manufacturer’s standard maintenance guidelines. Landlord shall oversee the operation and maintenance of the Generator, but Landlord shall not be responsible to Tenant for damages arising out of any failure of the Generator to operate properly. Landlord may permit any tenant of the Building to draw electrical power from the Generator, provided that no tenant draws more electrical power from the Generator than the amount set forth in the following table (in addition to that power used to support Building Systems): Basement level 2 waxxx/xentable square foot First Floor 1.2 waxxx/xentable square foot Second Floor 1.8 waxxx/xentable square foot Tenant shall have ~~no obligation~~ the right to ~~provide~~ draw electrical power from the Generator in accordance with the foregoing table, but not in excess of such amount. Landlord shall not be liable to Tenant ~~with operational emergency generators~~ for damages arising from the failure of the Generator to operate properly, or ~~back-up~~ arising from any tenant in the Building drawing from the Generator more electrical power or than such tenant is entitled to ~~supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise~~use. During any period of replacement, ~~repair~~ repair, or maintenance of the ~~emergency generators~~ Generator or when the ~~emergency generators are~~ Generator is not operational, including any delays ~~thereto~~ due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Landlord shall be responsible for requiring that each tenant lease at the Building limit the right of the tenant under any such lease to draw electrical power from the Generator to the amounts set forth in the foregoing table. Landlord shall install and monitor systems to verify that no tenant of the Building draws from the Generator more electrical power than permitted according to the foregoing table. Landlord shall provide Tenant ~~expressly acknowledges and agrees that Landlord does not guaranty that~~ with reasonable access to such ~~emergency generators will be operational~~ systems at all times or so that ~~emergency~~ Tenant may verify such compliance by other tenants of the Building. If Landlord has actual knowledge of any tenant’s failure to comply with the limitations on use of power ~~will be available~~ from the Generator as set forth in the foregoing table, Landlord shall make a commercially reasonable effort to ~~the Premises when needed~~cause such tenant to comply.

Appears in 1 contract

Sources: Lease Agreement (Bioveris Corp)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), with respect to the Common Areas only, refuse and trash collection and routine janitorial services (which will be provided with respect to the Common Areas 5 days per week) (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense at Landlord’s expense (except to the extent necessary as a result of Tenant’s disproportionate use of Utilities), any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be:~~ be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm that~~ and (iii) as a result of such Service Interruption, the ~~third party maintaining the emergency generators is maintaining the generators as per the manufacturer~~conduct of Tenant’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to normal operations in the Premises ~~when needed.~~are materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such 5 business day 739800997.11739800997.11

Appears in 1 contract

Sources: Lease Agreement (Atara Biotherapeutics, Inc.)

Utilities, Services. During the Term, Landlord shall provide, subject to the terms of this Section 1111 janitorial services to the Common Areas, hot and cold running water, ~~electricity~~electricity for normal lighting purposes and operation of office equipment, heat, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is ~~plumbed~~ plum bed for such services~~), refuse and trash collection and janitorial services~~ ) (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the ~~Premises~~Premises (except those Utilities that are separately metered, as described in the following sentence), all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause any Utilities to~~ The utilities serving the Premises ~~which~~ are ~~not currently~~ separately metered ~~to be separately metered.~~ (except for water), and Tenant shall pay directly to the Utility provider, prior to delinquency, ~~any~~ such separately metered Utilities and services ~~which~~ that may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for the jointly metered ~~Utilities~~ water service provided to the Premises based upon consumption, as reasonably determined by Landlord, Landlord may cause, at Tenant’s expense, the water service to be separately metered or charged directly to Tenant by the provider. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease ~~or the~~ or, except as provided in this Section 11,the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power~~ Notwithstanding anything to ~~Tenant shall be:~~ the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the negligent acts or omissions of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such ~~emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.~~Service Interruption continues for more than 6 consecutive business days

Appears in 1 contract

Sources: Lease Agreement (NextCure, Inc.)

Utilities, Services. (a) Landlord shall provide, subject to the terms of this Section 119, water, electricity, heat, air conditioning, light, power, passenger elevator service, telephone (to the central demarcation room only), sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, for the office portion of the Premises only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Electricity serving the Premises will be separately submetered. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause ~~whatsoever other than Landlord’s willful misconduct~~whatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. (b) Tenant shall provide janitorial services and trash collection for the laboratory portion of the Premises, and Landlord shall provide as an Operating Expense a dumpster and/or compactor at the loading dock for use by Tenant in common with others entitled thereto for the disposal of non-hazardous and non-controlled substances and material. (c) Tenant may use the freight elevator and loading dock in common with others entitled thereto at no additional charge. The regular hours of operation of the freight elevator and loading dock are 24 hours per day, 7 days per week, subject to downtime for maintenance and repairs. (d) Landlord’s sole obligation for ~~either~~ providing ~~emergency~~ standby generators or ~~providing emergency back-up~~ any other standby power equipment, systems, furnishings or personal property, whether or not affixed to ~~Tenant~~ the Building (collectively, the “Equipment”) shall ~~be:~~ be (i) to provide ~~emergency generators with not less than the capacity of the emergency generators located~~ such Equipment as is determined by Landlord in ~~the Building as of the Commencement Date~~its sole and absolute discretion, and (ii) to contract with a third party (determined by Landlord to be qualified) to maintain the ~~emergency generators as~~ Equipment that is deemed by Landlord (in its reasonable professional discretion) to need periodic maintenance per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational ~~emergency generators~~ Equipment, back-up Equipment or back-up ~~power~~ utilities or to supervise, oversee or confirm that the third party maintaining the ~~emergency generators~~ Equipment is maintaining the ~~generators~~ Equipment as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the ~~emergency generators~~ Equipment when ~~the emergency generators are~~ such Equipment is not operational, including any delays thereto due to the inability to obtain parts or ~~replacement equipment~~replacements, Landlord shall have no obligation to provide Tenant with an alternative or back-up ~~generator or generators~~ Equipment or alternative sources of ~~back-up power~~utilities. Tenant expressly acknowledges and agrees that Landlord does not guaranty that ~~such emergency generators~~ the Equipment will be operational at all ~~times~~ times, will function or perform adequately, or that emergency power will be available to the Premises when needed, and Landlord shall not be liable for any damages resulting from the failure of such Equipment. Tenant hereby releases Landlord from and against any and all claims arising directly or indirectly out of or relating to the Equipment or the existence, use of failure thereof, unless caused solely by the willful misconduct or gross negligence of Landlord. The terms of this Section 9(d) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Blueprint Medicines Corp)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, sewer, ~~and~~ other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges ~~thereon. Landlord~~ thereon (provided that any penalties arising from Landlord’s failure to timely pay for such Utilities shall not ~~cause~~ be reimbursable by Tenant, unless Landlord’s failure to timely pay is as a result of any ~~Utilities~~ late payments by Tenant to ~~the~~ Landlord). The Premises ~~which~~ are ~~not currently~~ separately metered to measure Tenant’s usage of electricity for lights and plugs in the Premises. Landlord may, following reasonable advance notice thereof to Tenant, cause, at Tenant’s expense, any other Utilities to be separately ~~metered~~metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s gross negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Codiak BioSciences, Inc.)

Appears in 1 contract

Sources: Lease Agreement (Fluidigm Corp)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, ventilation and air ~~conditioning~~conditioning systems (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to ~~Tenant’s~~ Texxxx’x reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Laxxxxxx’x expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be:~~ be responsible for obtaining and paying for its own janitorial services for the Premises. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm that~~ and (iii) as a result of such Service Interruption, the ~~third party maintaining the emergency generators is maintaining the generators as per the manufacturer~~conduct of Tenant’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to normal operations in the Premises ~~when needed.~~are materially and adversely affected, then there shall be an abatement of one day’s Base Rent for each day during which such Service Interruption continues after such 5 business day

Appears in 1 contract

Sources: Lease Agreement (RayzeBio, Inc.)

Utilities, Services. Net Multi-Tenant Laboratory 10933 North Xxxxxx Xxxxx/SNWM - Page 11 Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection ~~and janitorial services~~ (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not~~ Tenant may, at Tenant’s expense, cause any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s (including Landlord’s affiliates) gross negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant shell be responsible for its own janitorial services. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Sublease Agreement (Advanced BioHealing Inc)

Appears in 1 contract

Sources: Lease Agreement (Optimer Pharmaceuticals Inc)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s reasonable expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be: (i) to provide emergency generators with not less than~~ be responsible for obtaining and paying for its own janitorial services for the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelinesPremises. ~~Landlord~~ Utilities shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.

Appears in 1 contract

Sources: Lease Agreement (Singular Genomics Systems, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. , but in all instances only the actual amount charged by such Utility provider or Governmental Authority shall be included as part of Operating Expenses, and Landlord shall not ~~cause~~ add any surcharge or other internal charge to such amounts. Notwithstanding the foregoing, any late fees, penalties or other charges associated with Landlord’s failure to timely pay any amounts due and payable by Landlord for Utilities shall not be included as part of Operating Expenses unless Landlord’s failure to ~~the Premises which are not currently separately~~ timely pay for Utilities is due to Tenant’s failure to pay any amounts due from Tenant hereunder. If Landlord determines, in its reasonable discretion, that Tenant is using more than its pro rata share of jointly metered Utilities, Landlord may cause, at Tenant’s expense, such Utilities to be separately ~~metered~~metered or charged directly to Tenant by the provider. The immediately prior sentence shall not apply to the original Premises. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be: (i) to provide emergency generators with not less than~~ be responsible for obtaining and paying for its own janitorial services for the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelinesPremises. ~~Landlord shall have no obligation to provide~~ Net Multi-Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.Laboratory 410 W. Xxxxxxxx/PhaseRx - Page 12

Appears in 1 contract

Sources: Lease Agreement (Phaserx, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Commencing on the Commencement Date, Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Commencing on the Commencement Date, Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement ~~Date~~Date (as of the Commencement Date the emergency generator(s) serving the Building have an anticipated total capacity of 1,250kW), and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Landlord shall, at least once per quarter as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started. Landlord shall, upon written request from Tenant (not more frequently than once per calendar year), make available for Tenant’s inspection the maintenance contract and maintenance records for the emergency generators for the 12 month period immediately preceding Landlord’s receipt of Tenant’s written request. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or by another delivery method reasonably agreed to by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be included as part of Operating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Mirati Therapeutics, Inc.)

Utilities, Services. ~~Landlord~~ Landlord’s Work shall ~~provide~~include initial capacity, ~~subject to~~ connection and other Utilities associated with the ~~terms~~ construction of Landlord’s Work. Tenant’s responsibilities under this ~~Section 11,~~ section shall commence on the Commencement Date. Tenant shall contract directly with utility providers for all water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and refuse and trash collection ~~and janitorial services~~ (~~collectively,~~ “Utilities”)) required and/or utilized by Tenant during the Term. ~~Landlord~~ Tenant shall ~~pay, as Operating Expenses or subject~~ pay directly to ~~Tenant’s reimbursement obligation,~~ such Utility providers prior to delinquency for all such Utilities ~~used on~~ furnished to Tenant or the ~~Premises,~~ Project during the Term and shall pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause~~ To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities ~~to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the~~ imposed by any Governmental Authority or Utility provider, ~~prior to delinquency~~or any taxes, ~~any separately metered Utilities and services which may be furnished to Tenant~~ penalties, surcharges or ~~the Premises during the Term.~~ similar charges are paid for by Landlord, Tenant shall ~~pay,~~ reimburse Landlord for such costs as Operating Expenses. Landlord shall cause meters to be installed for certain Utilities as part of ~~Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by~~ Landlord’s Work. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant ~~agrees to limit use of water~~ shall be responsible for obtaining and ~~sewer with respect to Common Areas to normal restroom use~~paying for its own janitorial services for the Project. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall make the service contract and maintenance records (including Landlord’s monthly maintenance records) and permits for the generators reasonably available to Tenant for Tenant’s review upon Tenant’s prior written request. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Otonomy, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat~~HVAC (including, ~~air conditioning~~without limitation, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “"Utilities”"). Landlord shall pay, as part of Operating Expenses or subject to Tenant’s 's reimbursement ~~obligation~~obligation below, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. The Premises and adjacent space is submetered to measure Tenant’s usage of electricity for lights and plugs in the Premises. Tenant shall pay Landlord ~~shall not cause any Utilities to~~ for electricity costs for lights and plugs consumed on the Premises ~~which are not currently~~ based on such submeter and Tenant’s pro rata share of the separately metered space (based on square footage), without markup by Landlord at Landlord’s cost (rather than as part of Operating Expenses). Landlord may cause, at Landlord’s expense, any other Utilities (other than electricity for lights and plugs) to be separately ~~metered~~metered or charged directly to Tenant by the provider (in which case such separately metered utilities shall not be includable as Operating Expenses). Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon ~~consumption, as reasonably determined by Landlord~~pro rata square footage. No interruption or failure of Utilities, from any cause ~~whatsoever other than Landlord’s willful misconduct~~whatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Upon written notice to Landlord, Tenant may elect, at any time during the Term, to retain a third party reasonably acceptable to Landlord to provide janitorial services to the Premises, in which case Tenant shall pay such third party directly for such janitorial services (and Tenant shall not have to pay Landlord directly or as part of Operating Expenses for janitorial services to the Premises with respect to which Tenant has retained a third party). Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power~~ Notwithstanding anything contained in this Lease to ~~Tenant shall be:~~ the contrary, if (i) as a result of the negligence or willful misconduct of Landlord, an interruption or curtailment, suspension or stoppage of a service that Landlord is obligated to provide ~~emergency generators with not less than~~ to Tenant under this Lease that is necessary for Tenant’s use and occupancy of or access to the ~~capacity~~ Premises, or any portion thereof, for the Permitted Use (an “Essential Service”) shall occur, except any of the ~~emergency generators located in the Building~~ same due to any act or neglect of Tenant or Tenant’s agents, employees, contractors or invitees or any person claiming by, through or under Tenant (any such interruption of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with~~ such Service Interruption occurs or continues as a ~~third party to maintain~~ result of conditions that affect exclusively the ~~emergency generators~~ Project as ~~per~~ distinguished from conditions that affect an area that extends beyond the ~~manufacturer’s standard maintenance guidelines.~~ Project, and (iii) such Service Interruption continues for more than five (5) business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received notice thereof from Tenant, ~~oversee or confirm that~~ and (iv) as a result of such Service Interruption, the ~~third party maintaining~~ conduct of Tenant’s normal operations in the ~~emergency generators is maintaining the generators as per the manufacturer~~Premises are materially and adversely affected, then there shall be an abatement of one day’s ~~standard guidelines or otherwise~~Rent for each day during which such Service Interruption continues after such [three (3) day period]. ~~During~~ In any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipmentevent, Landlord ~~shall have no obligation~~ agrees to ~~provide Tenant with an alternative back-up generator or generators or alternative sources~~ use commercially reasonable efforts to restore such Essential Service and cure such Service Interruption, including, without limitation, use of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededovertime labor.

Appears in 1 contract

Sources: Lease Agreement (Bluebird Bio, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. As part of the Tenant Improvements, Landlord shall ~~not~~ cause ~~any Utilities to~~ the Premises ~~which are not currently separately metered~~ to be separately ~~metered~~submetered for electricity and, commencing on the Commencement Date, Tenant shall pay to Landlord the cost of electricity consumed in the Premises based on such submeter as Additional Rent. Tenant shall pay directly to the Utility ~~provider~~provide, r prior to delinquency, ~~any~~ the cost of separately metered Utilities ~~and services which may be~~ furnished to Tenant or the Premises during the Term. With the exception only of electricity (or any other Utilities) separately metered or submetered to the Premises as provided above, Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant may elect to provide and pay directly for janitorial services and trash collection for the Premises. Landlord shall provide, as an Operating Expense, a dumpster and/or compactor for use by Tenant in common with others entitled thereto for the disposal of non-hazardous and non-controlled substances and material. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Tenant may use the freight elevator and loading dock in common with others entitled thereto at no additional charge. The regular hours of operation of the freight elevator and loading dock are 24 hours per day, 7 days per week, subject to downtime for maintenance and repairs.

Appears in 1 contract

Sources: Sublease Agreement (Revolution Medicines, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s gross negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be:~~ be responsible for obtaining and paying for its own janitorial services for the Premises using contractors/providers reasonably acceptable to Landlord. Notwithstanding anything to the contrary set forth herein, if (i) ~~to provide emergency generators with not less than the capacity~~ a stoppage of ~~the emergency generators located in the Building~~ an Essential Service (as ~~of the Commencement Date, and (ii~~defined below) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed.~~shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential 801 Capitola/Heat Biologics - Page 10

Appears in 1 contract

Sources: Lease Agreement (Heat Biologics, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “"Utilities”"). Landlord shall pay, as Operating Expenses or subject to Tenant’s 's reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant's expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s 's willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Alterations and Tenant's Property. Any alterations, additions, or improvements made to the Premises by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal, or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord’s ) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to Building Systems (as defined in Section 14) ("Alterations") shall be subject to Landlord's prior written consent, which may be given or withheld in Landlord's sole ~~obligation~~ discretion if any such Alteration affects the structure or Building Systems. Tenant may construct nonstructural Alterations in the Premises without Landlord's prior approval if the aggregate cost of all such work in any 12 month period does not exceed $25,000.00 (a "Notice-Only Alteration"), provided Tenant notifies Landlord in writing of such intended Notice-Only Alteration, and such notice shall be accompanied by plans, specifications, work contracts, and such other information concerning the nature and cost of the Notice-Only Alteration as may be reasonably requested by Landlord, which notice and accompanying materials shall be delivered to Landlord not less than 15 business days in advance of any proposed construction. If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance and completion of such Alterations as Landlord may reasonably deem appropriate. Any request for ~~either providing emergency generators~~ approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the alterations as may be reasonably requested by Landlord, including the identities and mailing addresses of all persons performing work or ~~providing emergency back-up power~~ supplying materials. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to ensure that such plans and specifications or construction comply with applicable Legal Requirements. Tenant shall because, at its sole cost and expense, all Alterations to comply with insurance requirements and with Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements as a result of any Alterations. Tenant shall pay to Landlord on demand, as Additional Rent, an amount equal to 3.0% of all charges incurred by Tenant or its contractors or agents in connection with any Alteration or series of related Alterations (but not less than $1,000.00 nor more than $50,000.00 per Alteration or series of related Alterations) in order to cover Landlord's overhead and expenses for plan review, coordination, scheduling, and supervision. Before Tenant begins any Alteration, Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, delays caused by such work, or inadequate cleanup. Tenant shall furnish security or make other arrangements reasonably satisfactory to Landlord to assure payment for the completion of all Alterations work free and clear of liens, and shall provide (and cause each contractor or subcontractor to provide) certificates of insurance for workers' compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction. Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) ~~to provide emergency generators with not less than~~ sworn statements setting forth the ~~capacity~~ names of all contractors and subcontractors who did the ~~emergency generators located in the Building as of the Commencement Date,~~ work and final lien waivers from all such contractors and subcontractors; and (ii) "as built" plans for any such Alteration. Other than (a) the items, if any, listed on Exhibit F attached hereto, (b) any items agreed by Landlord in writing to ~~contract~~ be included on Exhibit F in the future, and (c) any trade fixtures, machinery, equipment, and other personal property not paid for by Landlord that may be removed without material damage to the Premises, which damage shall be repaired (including capping or terminating utility hook-ups behind walls) by Tenant during the Term (collectively, "Tenant's Property"), all Alterations, real property fixtures, built-in machinery and equipment, built-in casework and cabinets, and other similar additions and improvements built into the Premises that are or become an integral part of the Building Systems or of the floors, walls, ceiling, roof, glazing, built-in cabinetry, or structural components of the Building (such as fume hoods that penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch) (collectively, "Installations"), shall be and shall remain the property of Landlord during the Term and following the expiration or earlier termination of the Term, shall not be removed by Tenant at any time during the Term, and shall remain upon and be surrendered with the Premises as a ~~third party~~ part thereof in accordance with Section 28 following the expiration or earlier termination of this Lease. Notwithstanding the foregoing, (x) any property that is placed in the Premises by Tenant after the Commencement Date that: (A) is not an Installation, (B) is used for the production of Tenant's products and may be removed without material damage to ~~maintain~~ the ~~emergency generators~~ Premises, and (C) is not paid for by Landlord, together with (y) any item listed on Exhibit F, shall be and shall remain the property of Tenant during the Term and following the expiration or earlier termination of the Term and shall be removed by Tenant upon the expiration or earlier termination of the Term, so long as ~~per~~ the ~~manufacturer’s standard maintenance guidelines~~same are removed without material damage to the Premises (and any immaterial damage caused by their removal is repaired by Tenant (including capping or terminating utility hook-ups behind walls) during the Term). Landlord shall, at the time its approval of any Installation under this Lease is requested or at the time it receives notice of a Notice-Only Alteration under this Lease, notify Tenant if Landlord has elected to cause Tenant to remove any such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects, Tenant shall remove the designated Installation upon the expiration or earlier termination of this Lease and repair any damage caused by or occasioned as a result of such removal, including, when removing any Installation that was plumbed, wired, or otherwise connected to any of the Building Systems, capping off all such connections behind the walls of the Premises and repairing any holes. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. In addition to the foregoing, Landlord may elect to have any or all improvements located within the portion of the Premises designated or described on Exhibit A as "laboratory space" ("Laboratory Space Improvements") to be removed upon the expiration or earlier termination of this Lease. Landlord may make such election by giving written notice to Tenant of such election no later than 30 days prior to the scheduled expiration of this Lease or within 15 days after the early termination of this Lease, as the case may be. Such notice shall include a written estimate of all Removal Costs (as defined below) and, within 30 days after such notice, Tenant shall pay to Landlord an amount equal to the lesser of 50.0% of all estimated Removal Costs and $110,000.00. For purposes of this Lease, the term "Removal Costs" shall include all reasonable costs to remove completely the designated Laboratory Space Improvements and to repair any damage to the Premises caused by or occasioned as a result of such removal. Landlord shall ~~have no obligation~~ use commercially reasonable efforts to ~~provide Tenant with operational emergency generators~~ cause such removal and repair to be performed within 120 days after the expiration or ~~back-up power or~~ earlier termination of this Lease, subject to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays ~~thereto due to the inability~~ caused by Force Majeure and delays needed to obtain ~~parts~~ any Hazardous Materials Clearances required to perform such removal and repair. All removal and repair work shall be performed by duly licensed, insured, and bonded contractors. Within 30 days after the completion of such removal and repair work (or ~~replacement equipment~~such longer period as may be reasonably required), Landlord shall ~~have no obligation~~ furnish to ~~provide~~ Tenant ~~with an alternative back-up generator or generators or alternative sources~~ a statement showing in reasonable detail the total, actual Removal Costs. If the amount previously paid to Landlord by Tenant hereunder was less than the lesser of ~~back-up power~~50.0% of the total, actual Removal Costs and $110,000.00, Tenant shall pay the difference to Landlord within 30 days after delivery of such statement to Tenant. If the amount previously paid to Landlord by Tenant ~~expressly acknowledges~~ hereunder was more than the lesser of 50.0% of the total, actual Removal Costs and ~~agrees~~ $110,000.00, Landlord shall pay the excess to Tenant (after deducting any other amounts that ~~Landlord does not guaranty that~~ may be due Landlord) within 30 days after delivery of such ~~emergency generators will be operational at all times or that emergency power will be available to the Premises when needed~~statement.

Appears in 1 contract

Sources: Lease Agreement (Cell Genesys Inc)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant ~~agrees~~ shall retain third parties reasonably acceptable to ~~limit~~ Landlord to provide janitorial services and trash collection services to the Premises and Tenant shall pay such third parties directly for such janitorial and trash collection services. For the avoidance of doubt, one or more trash dumpsters located in the Common Areas shall be available, as part of Operating Expenses, for the non-exclusive use of ~~water~~ Tenant to dispose of refuse and ~~sewer with respect to Common Areas to normal restroom use~~trash from within the Premises. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators ~~located in~~ shown on the Building as Shell Construction Drawings, of which Tenant shall be entitled to the ~~Commencement Date~~use of up to 200kW for the Premises, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.. Tenant agrees to provide Landlord with access to Tenant’s water and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to Landlord’s Measurabl online portal, or by another delivery method reasonably agreed to by Landlord and Tenant. The actual, reasonable costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall be included as part of Operating Expenses. Nothing contained in this Section 11 is intended to make Tenant responsible for the cost of utilities or hook-up fees incurred by Landlord solely in connection with the construction of the Building Shell. 731887685.7

Appears in 1 contract

Sources: Lease Agreement (ChemoCentryx, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 1111 and subject to reimbursement as part of Operating Expenses, water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. If, as result of Landlord’s willful misconduct, Utilities to the Premises are interrupted for more than 10 consecutive days after the date that Tenant provides Landlord with written notice of such interruption and if as result of such interruption Tenant is unable to and does not operate its business in the Premises, Tenant shall be entitled to an abatement of Base Rent and Operating Expenses during the period that Utilities are interrupted. If such interruption continues for more than 60 consecutive days and as result thereof Tenant is unable to and does not operate its business in the Premises, Tenant may elect to terminate this Lease by written notice to Landlord delivered within 10 business days after the lapse of such 60 day period. If Tenant’s fails to deliver the termination notice within such 10 business day period, Tenant shall be deemed to have waived its right to terminate the Lease. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (MAP Pharmaceuticals, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the ~~Project~~ Building is plumbed for such services), refuse and trash collection ~~and janitorial services~~ (collectively, “"Utilities”"). Although Tenant shall have access to the Premises 24 hours per day, 365/366 days per year, the normal hours of operation of the Building are 8:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, legal holidays excepted. Landlord's actual cost of any use by Tenant of Utilities outside of such normal hours of operation, including Landlord's actual overhead and administrative costs in connection therewith (not to exceed 10% of the cost of such utilities), shall be allocated to and paid by Tenant on such basis as Landlord shall reasonably determine for the Building. Landlord shall pay, as Operating Expenses or subject to Tenant’s 's reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any ~~Governmental Authority~~ governmental entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not~~ or Tenant may elect, in either case at Tenant's expense, to cause any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord and shall pay the cost of any after hours Utilities allocated to it by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s 's willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant ~~shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date~~shall, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times ~~or that emergency power will~~ during the Term, be ~~available~~ entitled to use up to Tenant's Share of the ~~Premises when needed~~Utilities provided by the Central Plant.

Appears in 1 contract

Sources: Lease Agreement (Biogen Inc)

Utilities, Services. ~~Landlord shall provide, subject~~ (a) With respect to ~~the terms of this Section 11, water, electricity, heat, air conditioning, light, power, sewer,~~ services and ~~other~~ utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall not cause any Utilities to serving the Premises which are jointly metered with other portions of the Project and provided that the Project continues to be used for warehouse purposes or similar capacity uses, Landlord shall make a reasonable and equitable determination of Tenant’s proportionate share of the cost of such utilities and services (at rates that would have been payable if such utilities and services had been directly billed by the utilities or services providers) and Tenant shall pay such share to Landlord within fifteen (15) days after receipt of Landlord’s written statement; it being agreed, however that if all or any portion of the Vacated Premises are used for purposes other than warehouse purposes or similar capacity uses, the parties will arrange for either submetering or direct metering of the Premises, at Landlord’s cost (and not includable in Operating Costs). With respect to any utilities and services that are currently separately metered ~~to be separately metered.~~ or which Landlord separates after the Commencement Date, Tenant shall obtain in its own name and pay directly to the ~~Utility provider~~appropriate supplier the cost of all utilities and services serving the Premises or, ~~prior~~ in the event of any submetering, Tenant shall pay the cost thereof to ~~delinquency~~Landlord based on the readings shown on the submeter(s) serving the Premises and the actual rates charged to Landlord for the portion of the Project in which Premises are located. (b) If, by reason of (i) strike, (ii) labor troubles, (iii) governmental pre-emption in connection with a national emergency, (iv) any rule, order or regulation of any governmental agency, (v) casualty, (vi) conditions affected by, or actions taken by Landlord or others reasonably intended to assure the health, security or safety of the Building or any person in response to, war, any ~~separately metered Utilities~~ act of terrorism or violence (even if not directed at the Building or any occupant thereof), or other national, state or municipal emergency (whether or not officially proclaimed by any governmental authority) or (vii) any other cause beyond Landlord’s control (other than lack of funds) (each, a “Force Majeure Event”), Landlord does not fulfill any obligation under this Lease or is unable to supply any service which Landlord is obligated to supply, this Lease and ~~services which may~~ Tenant’s obligation to pay Rent hereunder shall in no way be ~~furnished~~ affected, impaired or excused. As Landlord shall learn of the happening of any of the foregoing conditions, Landlord shall promptly notify Tenant of such event and, if ascertainable, its estimated duration, and shall proceed promptly and diligently with the fulfillment of its obligations as soon as reasonably possible. None of the Landlord Related Parties shall be liable to Tenant in damages or otherwise for the ~~Premises during~~ quality, quantity, failure, unavailability, discontinuance or disruption of any utility service and the ~~Term. Tenant~~ same shall ~~pay~~not: (i) constitute a termination of this Lease, ~~as part~~ nor give rise to any right of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction termination; (ii) constitute an actual or constructive eviction of Tenant; or (iii) entitle Tenant to an abatement of Rent or other charges (except as specifically set forth herein). (c) This Lease and the obligations of Tenant hereunder shall in no way be affected because Landlord is unable to fulfill any of its obligations or to supply any service (e.g., ~~termination~~ to the extent Landlord is obligated to furnish the same, heat, electricity, water) by reason of ~~this Lease~~ any of the causes set forth in paragraph (b) above. To the extent any such service to the Premises is interrupted, Landlord shall use commercially reasonable efforts to restore service as soon as reasonably practicable and to minimize disruption of Tenant’s business operations. Landlord shall have the right, without incurring any liability to Tenant, to stop any service because of accident or emergency, or for repairs, alterations or improvements, necessary or desirable in the judgment of Landlord to the Building or the ~~abatement~~ Premises, until such repairs, alterations or improvements shall have been completed; provided that Landlord shall, to the extent commercially reasonable, schedule any such repairs, alterations or improvements in manner that minimizes disruption of ~~Rent. Tenant agrees~~ Tenant’s access to ~~limit use of water~~ the Premises and ~~sewer with respect~~ Tenant’s business operations. (d) Notwithstanding anything to ~~Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be~~the contrary contained in this Lease, if: (i) Landlord either (A) ceases to ~~provide emergency generators with not less than~~ furnish any service to the ~~capacity~~ Premises that is essential to the operation of Tenant’s business or (B) fails to perform a repair that is an obligation of Landlord under this Lease and is essential to the ~~emergency generators located~~ operation of Tenant’s business (each, an “Interruption”), in ~~the Building as~~ either case for a period in excess of ~~the Commencement Date~~five (5) consecutive business days after written notice from Tenant referencing this Lease and prominently indicating in bold and capital letters, ~~and~~ “FAILURE TO CURE THE DEFAULT IDENTIFIED IN THIS NOTICE WITHIN FIVE (5) BUSINESS DAYS MAY ENTITLE TENANT TO A RENT ABATEMENT UNDER THE LEASE REFERENCED HEREIN”; (ii) ~~to contract with~~ such default does not arise as a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance result of the ~~emergency generators~~ negligence or intentional misconduct of Tenant or its employees, agents or contractors but is solely due to Landlord’s negligence of intentional misconduct or breach of Landlord’s obligations under this Lease; (iii) such Interruption is not caused by a fire or other casualty (in which case Article 9 shall control); (iv) the curing of such Interruption is reasonably within the control of Landlord; and (v) as a result of such Interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises or such material portion in the normal course of its business) and Tenant in fact ceases to use the Premises, or a material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of any Base Rent and other Rent payable hereunder during the period beginning retroactively on the sixth (6th) consecutive business day of such Interruption and ending on the earlier of the day when the ~~emergency generators are~~ Interruption in question has been cured such that Tenant is reasonably able to reopen for business in the Premises (or such material portion thereof) or when Tenant reopens for business in the Premises (or such material portion thereof). In the event the entire Premises has not ~~operational~~been rendered untenantable by such default on the part of Landlord, ~~including any delays thereto due~~ the amount of abatement that Tenant is entitled to receive shall be prorated based upon the ~~inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide~~ percentage of the Premises so rendered untenantable that Tenant ~~with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord~~ does not ~~guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed~~use.

Appears in 1 contract

Sources: Purchase and Sale Agreement (LL Flooring Holdings, Inc.)

Utilities, Services. During the Term, Landlord shall provide, subject to the terms of this Section 1111 janitorial services to the Common Areas, hot and cold running water, ~~electricity~~electricity for normal lighting purposes and operation of office equipment, heat, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is ~~plumbed~~ plum bed for such services~~), refuse and trash collection and janitorial services~~ ) (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the ~~Premises~~Premises (except those Utilities that are separately metered, as described in the following sentence), all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause any Utilities to~~ The utilities serving the Premises ~~which~~ are ~~not currently~~ separately metered ~~to be separately metered.~~ (except for water), and Tenant shall pay directly to the Utility provider, prior to delinquency, ~~any~~ such separately metered Utilities and services ~~which~~ that may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for the jointly metered ~~Utilities~~ water service provided to the Premises based upon consumption, as reasonably determined by Landlord, Landlord may cause, at Tenant’s expense, the water service to be separately metered or charged directly to Tenant by the provider. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease ~~or the~~ or, except as provided in this Section 11,the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (NextCure, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s reasonable expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit DocuSign Envelope ID: FC2CC128-9822-4855-A001-C19E6B8CA968 Buildings B3 and B4/Singular - Page 13 use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be: (i) to provide emergency generators with not less than~~ be responsible for obtaining and paying for its own janitorial services for the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelinesPremises. ~~Landlord~~ Utilities shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises ~~when needed~~24 hours per day, 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to provide such Utilities, the performance by Landlord or any Utility provider of any installation, maintenance or repairs, or any other temporary interruptions.

Appears in 1 contract

Sources: Lease Agreement (Singular Genomics Systems, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities ~~to the Premises which are not currently separately metered~~ to be separately metered. or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power~~ Notwithstanding anything to ~~Tenant shall be:~~ the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm that~~ and (iii) as a result of such Service Interruption, the ~~third party maintaining~~ conduct of Tenant’s normal operations in the ~~emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement~~Premises are materially and adversely affected, ~~repair or maintenance of the emergency generators when the emergency generators are not operational~~then, ~~including any delays thereto due~~ to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty extent that such ~~emergency generators will be operational at all times or that emergency power will be available~~ Service Interruption is covered by rental interruption insurance carried by Landlord pursuant to ~~the Premises when needed.~~this Lease, there

Appears in 1 contract

Sources: Lease Agreement (Nurix Therapeutics, Inc.)

Utilities, Services. Section 8.1 Landlord shall ~~provide, subject~~ not be responsible for providing any utility service to the ~~terms~~ Premises nor for providing meters, submeters or other devices for the measurement of ~~this Section 11~~utilities supplied to the Premises, and Tenant shall arrange for the furnishing to the Premises of such utility services as it may require, as well as for the installation of all such meters, submeters or other devices. Tenant shall be solely responsible for and shall promptly pay, to Landlord or the utility company, as applicable, as and when the same become due and payable, all charges for water, sewer, electricity, ~~heat~~gas, ~~air conditioning~~telephone, ~~light~~cable service, ~~power~~internet service, ~~sewer~~steam, and any other utility or other communication device used or consumed in the Premises and supplied by a public utility or public authority or any other person, firm, or entity supplying same. If Landlord has Section 8.2 Tenant shall not overload the electrical system serving the Premises, and shall not at any time overburden or exceed the capacity of the mains, feeders, ducts, conduits, pipes, valves, or other facilities by which electric and other utilities ~~(including gas~~ are supplied to, distributed in or serve the Premises. If Tenant desires to install any equipment that shall require additional utility facilities, such installation shall be subject to Landlord’s prior approval of Tenant’s plans and ~~fire sprinklers~~ specifications therefor. If such installation is approved by Landlord and if Landlord provides such additional facilities to ~~the extent the Project is plumbed for such services)~~accommodate Tenant’s installation, ~~refuse and trash collection and janitorial services (collectively~~Xxxxxx agrees to pay Landlord, ~~“Utilities”). Landlord shall pay~~on demand, as ~~Operating Expenses or subject~~ Additional Rent, the cost for providing such additional utility facilities. Section 8.3 Landlord has no obligation to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall not cause any Utilities to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished provide to Tenant or the Premises any services except as expressly set forth in this lease. Without limiting the foregoing, Landlord is not responsible for providing heat, electric, water, gas, air conditioning, steam, sewer service, cleaning service, trash collection, extermination, cable or internet service or ventilation to the Premises. Landlord does not represent or warrant that any utility or other service provided by Landlord, or any utility or other service used or to be used by Tenant at the Premises, (a) shall be adequate for Tenant’s particular purposes or (b) shall be free from interruption or reduction. Section 8.4 If any utility or other service (a) becomes unavailable from any public utility company, public authority or any other person or entity supplying or distributing same (including Landlord), or (b) is interrupted by reason of Laws, the making of any repairs or improvements, or measures taken to secure the safety of the Real Property, or the safety and welfare of its tenants or occupants, or the public, or by reason of any cause beyond Landlord’s reasonable control, (i) Landlord shall not be liable to Tenant in damages or otherwise, (ii) Tenant may not xxxxx Rent or be relieved of any of its obligations under this lease, and (iii) such lack of availability or interruption shall not constitute an actual or constructive eviction, or a disturbance of Tenant’s use of the Premises. Section 8.5 Tenant shall enter into, and maintain at all times during the Term~~. Tenant shall pay~~, ~~as part~~ a contract for the daily removal of ~~Operating Expenses~~Tenant’s trash from the Building, ~~its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined~~ with the xxxxxx selected by Xxxxxx and approved by Landlord~~. No interruption or failure of Utilities~~, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due trash removal services to the ~~inability~~ Building, subject to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededany applicable Rules.

Appears in 1 contract

Sources: Retail Lease

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, ~~heat, air conditioning~~HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s gross negligence or willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. ~~Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to~~ Tenant shall ~~be:~~ be responsible for obtaining and paying for its own janitorial services for the Premises using contractors/providers reasonably acceptable to Landlord. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to ~~provide emergency generators with~~ the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not ~~less than~~ due in any part to any act or omission on the ~~capacity~~ part of ~~the emergency generators located in the Building~~ Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as ~~of the Commencement Date~~a “Service Interruption”), and (ii) ~~to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines.~~ such Service Interruption continues for more than 5 consecutive business days after Landlord shall have ~~no obligation to provide Tenant with operational emergency generators or back-up power or to supervise~~received written notice thereof from Tenant, ~~oversee or confirm that~~ and (iii) as a result of such Service Interruption, the ~~third party maintaining~~ conduct of Tenant’s normal operations in the ~~emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement~~Premises are materially and adversely affected, ~~repair or maintenance of the emergency generators when the emergency generators are not operational~~then, ~~including any delays thereto due~~ to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty extent that such ~~emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.~~Service 801 Capitola/Heat Biologics - Page 10

Appears in 1 contract

Sources: Lease Agreement (Heat Biologics, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, . water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (~~including~~ Including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to ~~Tenant’s~~ Tenant s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility ~~provider~~provider (including, without limitation, maintaining the MWRA Wastewater Discharge Permits applicable to the Project and the operation of the multi-tenant discharge system to which Tenant’s non-hazardous waste shall be discharged), and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Tenant’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No ~~interruption~~ Interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant may elect upon delivery of written notice to Landlord to obtain and pay directly for its own janitorial services for the Premises. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (il) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative ~~back-up~~ backup generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Eloxx Pharmaceuticals, Inc.)

Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Tenant shall be permitted, at Tenant’s sole cost and expense, to continue to use the rooftop boiler which services the autoclave and dishwasher within the Premises as of the Commencement Date, which boiler is owned by Landlord and shall be maintained in good working order by Tenant during the Term. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause any Utilities to the~~ The Premises ~~which are not~~ is currently separately metered ~~to be separately metered~~for electricity and gas. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Within 5 days after Tenant’s payment of separately metered gas and electricity provided to the Premises, Tenant shall provide Landlord with copies of the applicable invoices so that such amounts paid by Tenant may be factored into the cap on Operating Expenses provided for in Section 5. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Anadys Pharmaceuticals Inc)

Utilities, Services. ~~Landlord~~ (a) Tenant shall ~~provide, subject to the terms of this Section 11,~~ be responsible for providing water, electricity, heat, ~~air conditioning,~~ light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services to the Premises (collectively, “Utilities”). ~~Landlord~~ Tenant shall ~~pay~~pay directly to the Governmental Authority or Utility provider, ~~as Operating Expenses or subject~~ prior to ~~Tenant’s reimbursement obligation~~delinquency, ~~for~~ the cost of all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall not cause any Utilities to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Landlord shall have no duty or obligation to provide any Utilities to the Premises, but Landlord shall reasonably cooperate with Tenant ~~agrees~~ (without any out of pocket cost or expense to ~~limit~~ Landlord) by executing any forms or certificates to extend any Utilities to the Premises, which forms or certificates shall be reasonably acceptable to Landlord in both form and substance. Any such Utilities extended to the Premises shall be installed subsurface, shall minimize any intrusive impact on the Project, and in all events shall not diminish the value, marketability, or utility of the Project. (b) An emergency generator is located within the Project and Tenant shall have the exclusive right to use ~~of water and sewer with respect~~ the generator to ~~Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing~~ provide emergency back-up electrical power to ~~Tenant~~ the Premises. Tenant, at its sole cost, shall ~~be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to~~ contract with a reputable and qualified third party to maintain the emergency ~~generators~~ generator as per the manufacturer’s standard maintenance guidelines. Tenant shall deliver a true and complete copy of such contract to Landlord. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency ~~generators~~ generator is maintaining ~~the generators~~ it as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency ~~generators~~ generator when the emergency ~~generators are~~ generator is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency ~~generators~~ generator will be operational at all times or that emergency power will be available to the Premises when needed. Tenant shall be responsible for maintaining, repairing, and replacing the fuel tank (“Fuel Tank”) that provides fuel to the generator. Tenant, at its cost, shall comply with all applicable Legal Requirements that may now or hereafter be applicable to the area in which the Fuel Tank is located or to the use, operation, repair, removal, maintenance, and replacement of the Fuel Tank. The applicable Legal Requirements include, but are not limited to, Legal Requirements (a) requiring that Tenant obtain the necessary permits for the installation, use, operation, repair, removal, maintenance, and replacement of the Fuel Tank, (b) prohibiting oil or petroleum pollution, (c) requiring the person discharging or permitting the discharging of oil or petroleum or participating in the discharge or spilling of oil or petroleum to report such discharge or spill to the proper Governmental Authorities, (d) requiring the removal of spilled oil or petroleum, and (e) requiring certain inspections, gauging, and recordkeeping. Tenant shall pay all costs, expenses, claims, fines, penalties, and damages that may in any manner arise out of or be imposed because of the failure of Tenant to comply with this Section. Tenant shall indemnify, defend, and hold harmless Landlord and its officers, members, directors, employees, managers, employees, agents, and contractors from all claims, injuries, damages, costs, expenses, losses, and liabilities (including, but not limited to, attorneys’ fees) arising from Tenant’s failure to comply with this Section. Each party shall promptly give notice to the other of any notice of violation received by each party. Tenant, at its sole cost, shall maintain, repair, and keep in good condition the Fuel Tank and all related piping, venting, and metering devices.

Appears in 1 contract

Sources: Lease Agreement (Auxilium Pharmaceuticals Inc)

Utilities, Services. ~~Landlord~~ Tenant shall ~~provide, subject to the terms of this Section 11,~~ contract directly with utility providers for all water, electricity, heat~~, air conditioning~~, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), janitorial services and refuse and trash collection ~~and janitorial services~~ (collectively, “Utilities”)) required and/or utilized by Tenant during the Term. Upon Tenant’s request, Landlord shall ~~pay~~assist Tenant, ~~as Operating Expenses or subject~~ at no material cost to Landlord, in facilitating Tenant’s ~~reimbursement obligation,~~ establishment of services with the applicable Utility providers. All Utilities to the Premises shall be separately metered and Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities ~~used on~~ furnished to Tenant or the ~~Premises,~~ Project during the Term and shall pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. ~~Landlord shall not cause~~ To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities ~~to the Premises which are not currently separately metered to be separately metered. Tenant shall pay directly to the~~ imposed by any Governmental Authority or Utility provider, ~~prior to delinquency~~or any taxes, ~~any separately metered Utilities and services which may be furnished to Tenant~~ penalties, surcharges or ~~the Premises during the Term.~~ similar charges are paid for by Landlord, Tenant shall ~~pay,~~ reimburse Landlord for such costs as ~~part of~~ Operating Expenses~~, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord~~. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant ~~agrees~~ agrees, to ~~limit use of~~ extent required by Legal Requirements or any Governmental Authority, to provide Landlord with access to Tenant’s water ~~and sewer with respect~~ and/or energy usage data on a monthly basis, either by providing Tenant’s applicable utility login credentials to ~~Common Areas to normal restroom use.~~ Landlord’s ~~sole obligation for either providing emergency generators~~ Measurabl online portal, or ~~providing emergency back-up power~~ by another delivery method reasonably agreed to ~~Tenant~~ by Landlord and Tenant. The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, without limitation, as may be required pursuant to applicable Legal Requirements) shall ~~be: (i) to provide emergency generators with not less than the capacity~~ be included as part of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when neededOperating Expenses.

Appears in 1 contract

Sources: Lease Agreement (Adaptive Biotechnologies Corp)

Appears in 1 contract

Sources: Lease Agreement (Graphite Bio, Inc.)

Appears in 1 contract

Sources: Lease Agreement (ONCOSEC MEDICAL Inc)

Utilities, Services. Landlord shall provide, subject to the terms of this Section ~~11,~~ 11 water, electricity, ~~heat~~heating, ventilation and air ~~conditioning~~conditioning service (“HVAC”), access devices at the front door and back door of the Building, fire life safety systems, elevator service, light, power, telephone, sewer, and other utilities (including gas ~~and fire sprinklers~~ to the extent the Project is plumbed for such services), refuse and trash collection and Common Area janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord ~~shall not cause~~ may cause, at Landlord’s expense, any Utilities to ~~the Premises which are not currently~~ be separately metered or charged directly to ~~be separately metered~~Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. Notwithstanding anything in this Lease to the contrary, if Tenant’s usage of any utility is separately metered (including by use of submeters or check meters) and paid for separately by Tenant, then Operating Expenses with respect to Tenant shall not include any costs incurred to supply such utility to leasable areas of the Building (specifically excluding Common Areas). No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent; provided, however, that, if any Essential Services to the Premises are interrupted as a result of the gross negligence or willful misconduct of Landlord and Tenant is unable to and does not use the Premises as result thereof for a period of more than 14 consecutive days after notice from Tenant to Landlord of such interruption, Base Rent and Operating Expenses shall be abated during the period of such interruption. As used herein, the term “Essential Services” shall mean HVAC service, sewer, water and electrical service. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement ~~Date~~Date and with Tenant entitled to use Tenant’s Share of the capacity of the emergency generator that is available for use by tenants, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no additional obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.

Appears in 1 contract

Sources: Lease Agreement (Poniard Pharmaceuticals, Inc.)

Appears in 1 contract

Sources: Lease Agreement (Critical Therapeutics Inc)

Appears in 1 contract

Sources: Lease Agreement (Advanced BioHealing Inc)

Common use of Utilities, Services Clause in Contracts