Common use of Utilities, Services Clause in Contracts

Utilities, Services. Subject to the terms of this Section, Landlord shall cause to be provided to the Project and the Premises, water, electricity, gas, light, power, telephone, sewer, and other utilities (including fire sprinklers) (collectively, "UTILITIES"). Tenant shall arrange for refuse and trash collection and janitorial services provided to the Premises. Landlord shall cause all Utilities to be charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, all charges for Utilities used on the Premises during the Term and any Term Extension, 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 fails to pay any Utilities in the manner required hereunder, Landlord shall have the right (but not the obligation) to pay the same, and the amount thereof shall be payable to Landlord on demand as Additional Rent or includable by Landlord as an Operating Expense. 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.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc), Disturbance and Attornment Agreement (Paradigm Genetics Inc)

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Utilities, Services. Subject to the terms of this Section, Landlord (a) Tenant shall cause to be provided to the Project and the Premises, responsible for providing water, electricity, gasheat, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers) (collectivelysprinklers to the extent the Project is plumbed for such services), "UTILITIES"). Tenant shall arrange for refuse and trash collection and janitorial services provided to the Premises. Landlord shall cause all Utilities to be charged directly to Tenant by the providerPremises (collectively, “Utilities”). Tenant shall pay directly to the Governmental Authority or Utility provider, prior to delinquency, the cost of all charges for Utilities used on the Premises during the Term and any Term ExtensionPremises, 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, surcharges or similar charges thereon. If Tenant fails to pay any Utilities in the manner required hereunder, Landlord shall have the right (but not the obligation) to pay the same, and the amount thereof shall be payable to Landlord on demand as Additional Rent or includable by Landlord as an Operating Expense. 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. Landlord shall have no duty or obligation to provide any Utilities to the Premises, but Landlord shall reasonably cooperate with Tenant (without any out of pocket cost or expense to 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.

Appears in 1 contract

Samples: Lease Agreement (Auxilium Pharmaceuticals Inc)

Utilities, Services. Subject to the terms of this Section, Landlord shall cause to be provided to the Project and the Premises, water, electricity, gas, light, power, telephone, sewer, and other utilities (including fire sprinklers) (collectively, "UTILITIES"“Utilities”). Tenant shall arrange for refuse and trash collection and janitorial services provided to the Premises. Landlord shall cause all Utilities to be charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, all charges for Utilities used on the Premises during the Term and any Term Extension, 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 fails to pay any Utilities in the manner required hereunder, Landlord shall have the right (but not the obligation) to pay the same, and the amount thereof shall be payable to Landlord on demand as Additional Rent or includable by Landlord as an Operating Expense. 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.

Appears in 1 contract

Samples: Lease Agreement (Icoria, Inc.)

Utilities, Services. Subject to the terms of this Section, Landlord shall cause to be provided to the Project and the Premises, water, electricity, gas, light, power, telephone, sewer, and other utilities (including fire sprinklers) (collectively, "UTILITIESUtilities"). Tenant shall arrange for refuse and trash collection and janitorial services provided to the Premises. Landlord shall cause all Utilities to be charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, all charges for Utilities used on the Premises during the Term and any Term Extension, 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 fails to pay any Utilities in the manner required hereunder, Landlord shall have the right (but not the obligation) to pay the same, and the amount thereof shall be payable to Landlord on demand as Additional Rent or includable by Landlord as an Operating Expense. 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.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

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Utilities, Services. Subject to the terms of this Section, Landlord Tenant shall cause to be provided to the Project and the Premises, pay for all water, electricity, gas, light, power, telephone, sewer, power and electric current and all other utilities (including fire sprinklers) (collectively, "UTILITIES"). used by Tenant shall arrange for refuse and trash collection and janitorial services provided to the Premises. Landlord shall cause all Utilities to be charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, all charges for Utilities used on the Premises during demised premises from and after the Term and any Term Extension, 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 thereonLease Commencement Date. If Tenant fails to pay any Utilities in the manner required hereundersuch charges are not paid when due, Landlord shall have the right (but not the obligation) to may pay the same, and the any amount thereof so paid by Landlord shall be payable thereupon become due to Landlord on demand from Tenant as Additional Rent or includable additional rent. Landlord shall have the option of requiring Tenant to install its own gas and electric meter, at its expense. In the event that any utilities are furnished by Landlord Landlord, the rates charged Tenant shall not exceed those of the local public utility company as an Operating Expense. No interruption or failure of Utilities, from any cause whatsoever other than Landlord's willful misconduct, shall result in eviction or constructive eviction of if its services were furnished directly to Tenant, termination and shall not be less than its pro rata share of any jointly metered service based upon the floor area of the buildings serviced. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service being furnished the demised premises, and no such failure or interruptions shall entitle Tenant to terminate this Lease or to xxxxx payment of any portion of the abatement rent due hereunder. In the event Landlord furnishes any utilities to the demised premises and elects to discontinue, or is unable to continue, furnishing such utilities for any reason other than the failure by Tenant to pay any utility charge or any rental payment due hereunder, Landlord shall so inform Tenant in writing and Tenant shall, upon receipt of Rentsuch notice, obtain its own utilities for the demised premises.

Appears in 1 contract

Samples: Lease (Meganet Corp)

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