Common use of Utilities, Services Clause in Contracts

Utilities, Services. If marked, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.

Appears in 3 contracts

Samples: Residential Lease, Residential Lease, Residential Lease

AutoNDA by SimpleDocs

Utilities, Services. If marked, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 Landlord shall be responsible for paying the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the monthly water xxxx and monthly sewer xxxx if no longer payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on septic the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall place be due for reimbursement upon receipt of invoice from Landlord. If after the water/sewer first billing period, any or all utilities have still not been transferred into Tenant’s name Xxxxxxxx reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in TENANT’S name unless prohibited the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the municipality termination of utilities due to avoid non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption in serviceof utility service to the Premises. If TENANT surrenders the premises earlyAny damage or loss incurred due to Tenant’s negligence to pay utilities, abandons the premisesabandonment, or is evicted, TENANT to inform Landlord of shut off shall remain responsible be at Tenant’s Expense. Xxxxxx further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for all accruing utility charges otherwise the responsibility of the TENANT under the leaseincurred by Xxxxxx. TENANT is responsible Landlord may from time to time require Tenant to pay for any cost related utility(s) directly to Landlord in addition to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses rent payment. No keys will be issued to have phone land line service and/or cable serviceTenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 3 contracts

Samples: Tenant Rental Agreement, Landlord Tenant Rental Agreement, Landlord Tenant Rental Agreement

Utilities, Services. If marked, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 Landlord shall be responsible for paying the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the monthly water xxxx and monthly sewer xxxx if no longer payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on septic the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall place be due for reimbursement upon receipt of invoice from Landlord. If after the water/sewer first billing period, any or all utilities have still not been transferred into Tenant’s name Landlord reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in TENANT’S name unless prohibited the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the municipality termination of utilities due to avoid non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption in serviceof utility service to the Premises. If TENANT surrenders the premises earlyAny damage or loss incurred due to Tenant’s negligence to pay utilities, abandons the premisesabandonment, or is evicted, TENANT to inform Landlord of shut off shall remain responsible be at Tenant’s Expense. Tenant further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for all accruing utility charges otherwise the responsibility of the TENANT under the leaseincurred by Tenant. TENANT is responsible Landlord may from time to time require Tenant to pay for any cost related utility(s) directly to Landlord in addition to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses rent payment. No keys will be issued to have phone land line service and/or cable serviceTenant until the appropriate services are put in Tenant’s name and verified by Landlord.

Appears in 2 contracts

Samples: Landlord Tenant Rental Agreement, Rent Payment Agreement

Utilities, Services. If marked, the expense and responsibility The hours of operation of the following items Project are 8:00 a.m. to be that of the Tenant6:00 p.m., Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, legal holidays excepted. 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 RodentDuring such periods, Insect & Pest Eradication (includingLandlord shall provide, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 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. Tenant may cause, as part of Tenant’s Work under the Work Letter, any Utilities 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 to normal restroom use. Tenant shall have access to the association decides these services will no longer Premises and Utilities shall be providedavailable to the Premises 24 hours per day, TENANT agrees and understands that LANDLORD shall not be required 7 days per week, except in the case of emergencies, as the result of Legal Requirements, the failure of any Utility provider to replaceprovide such Utilities, providethe performance by Landlord or any Utility provider of any installation, maintenance or repairs, or pay any other temporary interruptions. If Tenant does not elect to have the Premises metered or submetered for these removed services for TENANT. TENANT may opt electricity as part of Tenant’s Work, upon written notice to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if Landlord delivered following 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 expiration of the lease6th 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. In If the event results of the premises is currently on well water, if audit indicate that the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for paying electrical power used for the monthly water xxxx Premises is substantially lower than the amount being paid by Tenant (as reasonably agreed upon by Landlord and monthly sewer xxxx if no longer on septic Tenant) for electrical power as part of Operating Expenses, Landlord and Tenant shall place the water/sewer utility negotiate 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 good faith a reasonable adjustment to the installation and/or maintenance amount to be paid by Tenant for electrical power as part of phone lines, cable lines, outlets and/or jacks, if TENANT chooses Operating Expenses with respect to have phone land line service and/or cable servicefuture payments of Operating Expenses.

Appears in 2 contracts

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

Utilities, Services. If markedLandlord shall provide to the Common Areas and the Premises, subject to the expense terms of this Section 11, water, electricity, heat, light, power, sewer, and responsibility of other utilities (including gas and fire sprinklers to the following items are 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 may cause, at Landlord’s expense, any Utilities to be that 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 Tenantabatement of Rent. 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact Unless Tenant delivers Landlord written notice that it is their responsibility has elected to immediately bring any issues (including malfunction of irrigation system) to the attention of 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 retain a third party 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 janitorial services to the unit Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and trash if the association no longer provides these janitorial services. The discontinuation of Upon written notice to Landlord, Tenant may elect, at any such services by time during 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 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 pay sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for essential services upon notice and demand by either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the LANDLORD shall constitute a material breach capacity of the leaseemergency 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. In Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the event third party maintaining the premises emergency generators is currently on well watermaintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, if repair or maintenance of the municipality emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or county decides replacement equipment, Landlord shall have no obligation to connect the premises to city/municipality water, TENANT provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that TENANT shall Landlord does not guaranty that such emergency generators will 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, operational at all times 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 that emergency power will be available to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.Premises when needed. Net Multi-Tenant Laboratory 75 Shoreway/Allakos - Page 11

Appears in 2 contracts

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

Utilities, Services. If markedCommencing on the Commencement Date, Tenant shall contract directly with utility providers for all water, electricity, heat, 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 (“Utilities”) required and/or utilized 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 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. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. 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. Notwithstanding anything to the contrary contained herein, during the period that Landlord is constructing Landlord’s Work, the expense and responsibility portion of the following items are to be that cost of the TenantUtilities furnished to the Project equitably attributable to Landlord’s construction of Landlord’s Work shall be included as part of the cost of Landlord’s Work. 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 RodentNotwithstanding anything to the contrary set forth herein, Insect & Pest Eradication if (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly i) a stoppage of an Essential Service (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation systemdefined below) to the attention 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 Interruption”), and (ii) such Service Interruption continues for more than 3 consecutive business days after Landlord shall have 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 OwnerPremises is reasonably useable for Tenant’s Agent. This notification must 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 done in writing. An email will sufficeproportionate to the nature and extent of the interruption of Tenant’s normal operations or ability to use the Premises. The tenant must immediately notify the Ownerrights granted to Tenant under this paragraph shall be Tenant’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees sole and exclusive remedy resulting from a failure of Landlord 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 cableservices, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD Landlord shall not otherwise be required to replaceliable for any loss or damage suffered or sustained by Tenant resulting from any failure or cessation of services. For purposes hereof, providethe term “Essential Services” shall mean the following services: HVAC service, 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 but not limited to water, sewer and trash if electricity, but in each case only to the association no longer provides these servicesextent that Landlord has an obligation to provide same to Tenant under this Lease. 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 discontinuation of any costs and expenses incurred by Landlord in connection with receiving and analyzing such services by the association shall not water and/or energy usage data (including, without limitation, as may be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT required pursuant 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 applicable Legal Requirements) shall be responsible for paying for the monthly water xxxx and monthly sewer xxxx if no longer on septic and shall place the waterincluded as part of Operating Expenses. Net Lease Net Lease 9877 Xxxxxx/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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.Cue - Page 12

Appears in 2 contracts

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

Utilities, Services. If markedLandlord shall provide, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 services similar charges for Utilities imposed by any Governmental Authority or Utility provider, and the association decides these services will no longer be providedany taxes, TENANT agrees and understands that LANDLORD shall not be required to replacepenalties, providesurcharges or similar charges thereon. If Tenant’s use of a Utility materially exceeds Tenant’s Share of Utilities, or pay for these removed services for TENANT. TENANT Landlord may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to watercause, sewer and trash if the association no longer provides these services. The discontinuation of at Tenant’s expense, any such services Utilities to be separately metered or charged directly to Tenant by the association 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 not pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be construed furnished to Tenant or the Premises during the Term. Tenant shall pay, as a prohibited practice part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by LANDLORD nor shall it constitute a default under the leaseLandlord. The No interruption or failure of TENANT to retain and pay for essential services upon notice and demand by 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 LANDLORD shall constitute a material breach abatement of the leaseRent. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services 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 servicePremises. 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 Notwithstanding anything to the installation and/or maintenance of phone lines, cable lines, outlets and/or jackscontrary set forth herein, if TENANT chooses (i) a stoppage of an Essential Service (as defined below) to have phone land line service and/or cable service.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 Interruption”), and (ii) such Service Interruption

Appears in 2 contracts

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

Utilities, Services. If markedLandlord shall provide, subject to the expense terms of this Section, hot and responsibility of cold water for restrooms, drinking and office kitchen purposes, sewer connection, heated and chilled water for the following items are HVAC system serving the Premises, electricity in an amount at least equal to be that of 12 xxxxx per usable square foot, gas service for the HVAC system and water for sprinklers (collectively, “Utilities”) as more particularly set forth in the Base Building Specifications. Landlord shall pay, as Operating Expenses or subject to Tenant. Electric Oven Drip Pans Water Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas ’s reimbursement obligation, for all Utilities Change AC Filter Min. Every 2 Months Locks/Keys Refrigerator Water Filter Rodentused on the Premises, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowingall maintenance charges for Utilities, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawnany storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and weed removalany taxes, penalties, surcharges or similar charges thereon. The Tenant(s) recognize Utilities will be separately metered or charged directly to Tenant by the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) provider as provided in the Landlord/Tenant Matrix attached hereto as Exhibit F. Tenant shall pay directly to the attention 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 Owner’s Agentabatement of Rent. 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 Tenant agrees to provide confirmation limit use of utility accounts set up in their name effective water and sewer with their lease start daterespect to Common Areas to normal restroom use. 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 AGREEMENTTenant shall supply its own cleaning and rubbish removal service. In Landlord at Landlord’s cost shall supply a dumpster or compactor at 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, sewer, trash, guarded security gate or other services and 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 loading dock 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 but not limited to water, sewer and 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 Tenant’s use 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 earlydisposal of non-hazardous, 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicenon-controlled substances.

Appears in 2 contracts

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

Utilities, Services. If markedTenant shall contract directly with utility providers for all water, 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 Rodentelectricity, Insect & Pest Eradication (includingheat, but not limited to ratslight, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, waterpower, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate and refuse and trash collection (“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, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other services similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the association decides these services will no longer be providedextent that any Utilities, TENANT agrees and understands that LANDLORD shall not be required to replacemaintenance charges for Utilities, provideany storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or pay any taxes, penalties, surcharges or similar charges are paid for these removed services by Landlord, Tenant shall reimburse Landlord for TENANTsuch costs as Operating Expenses. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and 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 No interruption or failure of TENANT to retain and pay for essential services upon notice and demand by 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, except in connection with a Service Interruption (as defined below), the LANDLORD shall constitute a material breach abatement of the leaseRent. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services 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 servicePremises. 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 Notwithstanding anything to the installation and/or maintenance of phone lines, cable lines, outlets and/or jackscontrary set forth herein, if TENANT chooses (i) a stoppage of an Essential Service (as defined below) to have phone land line service and/or cable service.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 2 contracts

Samples: Lease Agreement (Gossamer Bio, Inc.), Lease Agreement (Gossamer Bio, Inc.)

Utilities, Services. If markedTenant, at Tenant’s sole cost and expense, shall pay for all water, electricity, sewage, gas, heat, ventilation, and air conditioning charges, electricity, telephone, fire protection sprinkler system charges and other utilities and services used on or from the Premises, together with any taxes, penalties (unless the penalties arise out of Landlord’s negligence or willful misconduct), and surcharges or the like pertaining to, and any maintenance charges for utilities, in all cases with no markup in cost by Landlord. Such services (other than Tenant’s telephone services) shall be separately metered by Landlord at its sole expense (and responsibility without any indirect reimbursement by Tenant as Additional Rent) and billed to Tenant. Landlord shall in no event be liable for any interruption or failure of utility services on or to the Premises 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 following items are to be that 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 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas Property for the use and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowingconvenience of all tenants in the Property, and edging weekly/ bi- weekly (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 needed)a Common Area Maintenance Expense of the Property. Unless Tenant receives written notice from Landlord to the contrary, trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their shall be Tenant’s sole responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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 general cleaning and janitorial services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 Premises at Tenant’s sole cost related to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.and

Appears in 2 contracts

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

Utilities, Services. If markedXxxxxx agrees to put the following utilities in Xxxxxx’s name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric X , Gas X , Trash . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric , Gas , Trash . For utilities that are in Landlord’s name, Tenant shall pay a monthly flat fee of $ 50.00 , which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant shall pay a monthly flat fee of $ 40.00 , for trash service which shall include one trash bin ( 65 gallon or X 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion), which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash service provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash, such as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Xxxxxx’s expense. Third party services may be contracted, at Xxxxxxxx’s sole discretion, to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any municipal ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the yard, or any newspapers, whether or not Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and responsibility due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes that are 39.37 inches or less in diameter that receive direct broadcast satellite service, fixed wireless signals via satellite, or wireless cable that receives broadband radio service or fixed wireless signals, which are professionally installed in a safe manner, are located on the side or rear of the following items dwelling and are ground mounted, are permitted. The location should be selected in a manner that will not cause a nuisance to other lots. If such location would impair the signal strength, the satellite dish may be that installed at such location as is necessary to avoid impairment of the signal strength, provided that no mounting or installation shall be performed in a manner that requires the drilling of any holes or the placement of any screws into the siding or the roof, without the prior written consent of Landlord. No other antenna or other device for the transmission or reception of television or radio signals, or any other form of electromagnetic radiation, may be installed or maintained on the exterior of any lot, unless approved in writing by Landlord. To the extent the application of this provision would violate any provision of the Over-the-Air Reception Devices rules adopted by the Federal Communication Commission, this provision shall be deemed amended, as necessary, to meet the minimum requirements of such rules. Tenant shall not allow any utility for which Xxxxxx is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in 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 Rodent, Insect & Pest Eradication (including, but not limited ’s name prior to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowingor on 08/03/2019, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawnduring Lease term, and weed removal. The Tenant(s) recognize the fact that it is their responsibility keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to immediately bring any issues (including malfunction of irrigation system) Landlord, in addition to the attention of the Owner’s Agentutility bill and related charges. 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, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 Tenant shall be responsible for paying for any damages arising from 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 disconnection of the TENANT under the leaseutilities that are Tenant’s responsibility, including any disconnect or reconnect fees. TENANT is responsible Landlord shall not be liable for any cost related to the installation and/or maintenance disruption of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceof any utility.

Appears in 1 contract

Samples: Rental Agreement

Utilities, Services. If markedLandlord shall provide, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate refuse and trash collection and janitorial services (consistent with similar laboratory/office buildings in the Cambridge, Massachusetts area) for the Premises and the Common Areas of the Building (collectively, “Utilities”) in compliance with the schedule of services attached hereto as Exhibit H. As part of the Tenant Improvements, Tenant shall cause the Premises to be separately metered or submetered for electricity and, commencing on the date of Tenant’s installation of such meter or submeter which shall occur no later than the Rent Commencement Date, Tenant shall pay for electricity consumed in the Premises based on such meter or submeter. Tenant shall pay directly to the Utility provider, prior to delinquency, the cost of separately metered electricity or other services Utilities furnished to Tenant or the Premises during the Term. If electricity to the Premises is submetered, Tenant shall pay to Landlord the cost of electricity furnished to the Premises based on the submeter as Additional Rent. 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 Excess Operating Expenses (except to the extent expressly excluded from Operating Expenses pursuant to Section 5), its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord taking into consideration the use of the Premises for office purposes as compared to the use of other portions of the Building for laboratory purposes. 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, except as provided in the immediately following paragraph, the abatement of Rent). Tenant agrees to limit use of water and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD sewer with respect to Common Areas to normal restroom use. Landlord shall not be required charge Tenant any xxxx-up or premium over the actual costs incurred by Landlord in connection with the Building’s heating, ventilation and air-conditioning systems (“HVAC”) systems. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to replace, provide, or pay for these removed services for TENANT. TENANT may opt Tenant shall be: (i) to pay for non- essential services but shall be required to pay for essential services including but provide emergency generators with not limited to water, sewer and trash if less than 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 capacity of the leaseemergency generators located in the Building as of the Commencement Date, which are designed to deliver emergency back up power to the Premises of 4 xxxxx per rentable square foot of the Premises, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. In Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the event third party maintaining the premises emergency generators is currently on well watermaintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, if repair or maintenance of the municipality emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or county decides replacement equipment, Landlord shall have no obligation to connect the premises to city/municipality water, TENANT provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that TENANT shall Landlord does not guaranty that such emergency generators will be responsible for paying for operational at all times or that emergency power will be available to 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 servicePremises when needed. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility Tenant agrees that its use of emergency back up power will not exceed 4 xxxxx per rentable square foot of the TENANT under the lease. TENANT is responsible for any cost related to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicePremises.

Appears in 1 contract

Samples: Lease Agreement (Elan Corp PLC)

Utilities, Services. If markedLandlord shall provide, subject to the expense terms of this Section 11, water, electricity, heat, light, power, sewer, natural gas 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 Rodentother utilities, Insect & Pest Eradication refuse and trash collection and janitorial services (includingcollectively, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system“Utilities”) to the attention Building. 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 may cause, at Tenant’s expense, any Utilities 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, as except as provided for in the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify paragraph below, the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation abatement 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 AGREEMENTRent. In the event a condominium association of an interruption or homeowners association is currently providing any failure of Utilities, Tenant shall have the self-help rights provided for in Section 31. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall contract directly and pay for telephone, internet, date and telecommunication services to the unit Premises. Notwithstanding the foregoing, Tenant shall have the right from time to time, upon 30 days prior written notice to Landlord, to elect to contract directly and pay for janitorial services to the Premises in which case, during such as cableperiods where Tenant is contracting directly and paying for janitorial services to the Premises, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD (i) Landlord shall not be required to replace, provide, or pay for these removed provide any janitorial services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer the Premises and trash if the association no longer provides these services. The discontinuation of any such services by the association (ii) Tenant shall not be construed charged for janitorial services to the Premises or other tenants’ premises as part of Operating Expenses. 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 not due in any part to any act or omission on the part of Tenant or any Tenant Party (as hereinafter defined) (any such stoppage of an Essential Service being hereinafter referred to as a prohibited practice by LANDLORD nor “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days after Landlord shall it constitute have received written notice thereof from Tenant, and (iii) as a default under result of such Service Interruption, the lease. The failure conduct 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.Tenant’s normal

Appears in 1 contract

Samples: Lease Agreement (Juno Therapeutics, Inc.)

Utilities, Services. If markedLandlord shall provide, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 Texxxx’x reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other services similar charges for Utilities imposed by any Governmental Authority or Utility provider, and the association decides these services will no longer any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Laxxxxxx’x expense, any Utilities to be provided, TENANT agrees and understands that LANDLORD shall not be required separately metered or charged directly 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services Tenant by the association provider. Tenant shall not pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be construed furnished to Tenant or the Premises during the Term. Tenant shall pay, as a prohibited practice part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by LANDLORD nor shall it constitute a default under the leaseLandlord. The No interruption or failure of TENANT 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, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to retain limit use of water and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the leasesewer with respect to Common Areas to normal restroom use. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services 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 servicePremises. 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 Notwithstanding anything to the installation and/or maintenance of phone lines, cable lines, outlets and/or jackscontrary set forth herein, if TENANT chooses (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 Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have phone land line service and/or cable service.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 business day

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

Utilities, Services. If marked, the expense and responsibility of Tenant agrees to put 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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 utilities in their name effective by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric , Gas X . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric X , Gas . For utilities that are in the Landlord’s name, Tenant shall pay a monthly flat fee of $ 100.00 , which shall be payable with the monthly rent payment beginning with the Commencement Date. Tenant shall pay a monthly flat fee of $ 25.00 , for trash service which shall include one trash bin ( X 65 gallon or 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion) which shall be payable with the monthly rent payment beginning with the Commencement Date. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash such as damaged furniture and the like, by compacting it so that it will fit inside 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 trash receptacle, by hauling it to the unit such as cabledump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted at Landlord’s sole discretion to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any City Ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the yard, or any newspapers whether or not the Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes may never be installed anywhere on Premises without prior written consent by Landlord and may never be placed on the roof or siding of any structure. Landlord reserves the right to remove and dispose of immediately and without notice, without recourse, any satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD dish found installed without prior written authorization. Tenant shall not allow any utility for which Tenant is responsible to become delinquent or be required disconnected for any reason until the expiration of this Lease. Failure of Tenant to replaceplace or keep the utilities noted above in Tenant’s name prior to or on the Commencement Date, provideand during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or pay for these removed services for TENANTnotice received by Landlord, payable to Landlord, in addition to the utility xxxx and related charges. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and 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 Tenant shall be responsible for paying for any damages arising from 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 disconnection of the TENANT under the leaseutilities that are their responsibility including any disconnect or reconnect fees. TENANT is responsible Landlord shall not be liable for any cost related to the installation and/or maintenance disruption of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceof any utility.

Appears in 1 contract

Samples: Rental Agreement

Utilities, Services. If markedLandlord shall provide, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 services 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 association decides these services will no longer actual amount charged by such Utility provider or Governmental Authority shall be providedincluded as part of Operating Expenses, TENANT agrees and understands that LANDLORD Landlord shall not 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 required included as part of Operating Expenses unless Landlord’s failure to replace, provide, or timely pay for these removed services for TENANT. TENANT may opt Utilities is due to Tenant’s failure to pay for non- essential services but shall 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 required separately metered or charged directly to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services Tenant by the association provider. Tenant shall not pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be construed furnished to Tenant or the Premises during the Term. Tenant shall pay, as a prohibited practice part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by LANDLORD nor shall it constitute a default under the leaseLandlord. The No interruption or failure of TENANT 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 retain limit use of water and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the leasesewer with respect to Common Areas to normal restroom use. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicePremises.

Appears in 1 contract

Samples: Lease Agreement (Phaserx, Inc.)

Utilities, Services. If markedLandlord shall provide, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 services 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 association decides these services will no longer actual amount charged by such Utility provider or Governmental Authority shall be providedincluded as part of Operating Expenses, TENANT agrees and understands that LANDLORD Landlord shall not 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 required included as part of Operating Expenses unless Landlord’s failure to replace, provide, or timely pay for these removed services for TENANT. TENANT may opt Utilities is due to Tenant’s failure to pay for non- essential services but shall 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 required separately metered or charged directly to pay for essential services including but not limited to water, sewer and trash if Tenant by the association no longer provides these servicesprovider. The discontinuation of any such services by the association 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 construed furnished to Tenant or the Premises during the Term. Tenant shall pay, as a prohibited practice part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by LANDLORD nor shall it constitute a default under the leaseLandlord. The No interruption or failure of TENANT 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 retain limit use of water and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the leasesewer with respect to Common Areas to normal restroom use. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services for the monthly water xxxx and monthly sewer xxxx if no longer on septic and shall place the waterPremises. Net Multi-Tenant Laboratory 410 W. Xxxxxxxx/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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.PhaseRx - Page 12

Appears in 1 contract

Samples: Lease Agreement (Phaserx, Inc.)

Utilities, Services. If markedTenant shall be solely responsible for and promptly pay directly to the companies providing same, all charges for heat, water and sewer, gas, electricity, air conditioning or any other utility used or consumed in the expense Leased Premises from and responsibility after the date possession of the following items Premises are delivered to Tenant, and, except for the water and sewer, Landlord represents to Tenant that, all such utilities for Tenant are currently separately metered to the Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering utility services shall never exceed the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention capacity of 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 sodmains, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of ducts and conduits bringing 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 Building and/or the Premises. Tenant shall pay for any necessary maintenance charges for utility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as cableotherwise set forth in this Section 4.5, satellite TVin no event shall Landlord be liable for any interruption or failure of utility services and/or any other building services for Tenant, alarm monitoringand/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, internet, water, sewer, trash, guarded security gate or other in the event Landlord shall fail to provide the services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be Landlord is required to replace, provideprovide to Tenant under this Lease, or pay otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than as a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for these removed services for TENANT. TENANT may opt to pay for non- essential services but more than five (5) business days, Tenant shall be required entitled to pay proportionate abatement of rent for essential services including but not limited the period Tenant is reasonably unable to wateruse or conduct its operations in part or all of the Premises. If the Service Failure is a result of Landlord’s negligent act or omission, sewer and trash Tenant shall have the right to terminate this Lease if the association no longer provides these services. The discontinuation of any Landlord fails or is unable to restore such services by within sixty (60) days from the association shall not be construed as date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in 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 substantial part or all 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicePremises.

Appears in 1 contract

Samples: Lease (Social Capital Suvretta Holdings Corp. I)

Utilities, Services. If markedTenant shall contract directly with utility providers for all water, 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 Rodentelectricity, Insect & Pest Eradication (includingheat, but not limited to ratslight, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, waterpower, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate and refuse and trash collection (“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, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other services similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the association decides these services will no longer be providedextent that any Utilities, TENANT agrees and understands that LANDLORD shall not be required to replacemaintenance charges for Utilities, provideany storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or pay any taxes, penalties, surcharges or similar charges are paid for these removed services by Landlord, Tenant shall reimburse Landlord for TENANTsuch costs as Operating Expenses. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and 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 No interruption or failure of TENANT to retain and pay for essential services upon notice and demand by 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, except in connection with a Service Interruption (as defined below), the LANDLORD shall constitute a material breach abatement of the leaseRent. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services 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 servicePremises. 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 Notwithstanding anything to the installation and/or maintenance of phone lines, cable lines, outlets and/or jackscontrary set forth herein, if TENANT chooses (i) a stoppage of an Essential Service (as defined below) to have phone land line service and/or cable service.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 Net Laboratory 3013 Science Park/The Medicines Company - Page 35

Appears in 1 contract

Samples: Lease Agreement

Utilities, Services. If markedTenant shall be solely responsible for and promptly pay directly to the companies providing same, all charges for heat, water and sewer, gas, electricity, air conditioning or any other utility used or consumed in the expense Leased Premises from and responsibility after the date possession of the following items Premises are delivered to Tenant, and, except for the water and sewer, Landlord represents to Tenant that, all such utilities for Tenant are currently separately metered to the Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering utility services shall never exceed the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention capacity of 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 sodmains, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of ducts and conduits bringing 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 Building and/or the Premises. Tenant shall pay for any necessary maintenance charges for utility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as cableotherwise set forth in this Section 4.5, satellite TVin no event shall Landlord be liable for any interruption or failure of utility services and/or any other building services for Tenant, alarm monitoringand/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, internet, water, sewer, trash, guarded security gate or other in the event Landlord shall fail to provide the services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be Landlord is required to replace, provideprovide to Tenant under this Lease, or pay otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than as a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for these removed services for TENANT. TENANT may opt to pay for non- essential services but more than an five (5) business days, Tenant shall be required entitled to pay proportionate abatement of rent for essential services including but not limited the period Tenant is reasonably unable to wateruse or conduct its operations in part or all of the Premises. If the Service Failure is a result of Landlord’s negligent act or omission, sewer and trash Tenant shall have the right to terminate this Lease if the association no longer provides these services. The discontinuation of any Landlord fails or is unable to restore such services by within sixty (60) days from the association shall not be construed as date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in 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 substantial part or all 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicePremises.

Appears in 1 contract

Samples: Lease (Social Capital Suvretta Holdings Corp. I)

Utilities, Services. If markedLandlord shall provide, subject to the expense terms of this Section 11, water, electricity, heating, ventilation 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 Rodentair conditioning (“HVAC”), Insect & Pest Eradication (includinglight, but not limited to ratspower, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowingsewer, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues other utilities (including malfunction of irrigation systemgas and fire sprinklers to the extent the Project is plumbed for such services) to the attention of Premises and 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 sodCommon Areas, 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 and refuse and trash collection and janitorial services to the unit such Common Areas (collectively, “Utilities”). Landlord shall pay, as cablepart of Operating Expenses or subject to Tenant’s reimbursement obligation below, satellite TVfor all Utilities used on the Premises, alarm monitoringall maintenance charges for Utilities, internet, water, sewer, trash, guarded security gate and any storm sewer charges or other services similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Electricity serving the association decides these services will no longer be providedPremises is separately submetered and commencing on the Commencement Date, TENANT agrees and understands that LANDLORD Tenant shall not be required to replace, provide, or pay for these removed electricity consumed in the Premises based on such submeter. Landlord may cause, at Landlord’s expense, any other Utilities 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, 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 TENANTthe Premises. TENANT may opt Unless Tenant delivers Landlord written notice that it has elected to pay retain a third party to provide janitorial services to the Premises, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these such janitorial services. The discontinuation Tenant agrees to limit use 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 water and sewer with respect 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 Common Areas 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicenormal restroom use.

Appears in 1 contract

Samples: Lease Agreement (Seres Therapeutics, Inc.)

Utilities, Services. If markedTenant agrees to put the following utilities in Tenant’s name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric X , Gas X , Trash . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric , Gas , Trash . For utilities that are in Landlord’s name, Tenant shall pay a monthly flat fee of $ 50.00 , which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant shall pay a monthly flat fee of $ 40.00 , for trash service which shall include one trash bin ( 65 gallon or X 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion), which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash service provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash, such as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted, at Landlord’s sole discretion, to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any municipal ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the yard, or any newspapers, whether or not Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and responsibility due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes that are 39.37 inches or less in diameter that receive direct broadcast satellite service, fixed wireless signals via satellite, or wireless cable that receives broadband radio service or fixed wireless signals, which are professionally installed in a safe manner, are located on the side or rear of the following items dwelling and are ground mounted, are permitted. The location should be selected in a manner that will not cause a nuisance to other lots. If such location would impair the signal strength, the satellite dish may be that installed at such location as is necessary to avoid impairment of the signal strength, provided that no mounting or installation shall be performed in a manner that requires the drilling of any holes or the placement of any screws into the siding or the roof, without the prior written consent of Landlord. No other antenna or other device for the transmission or reception of television or radio signals, or any other form of electromagnetic radiation, may be installed or maintained on the exterior of any lot, unless approved in writing by Landlord. To the extent the application of this provision would violate any provision of the Over-the-Air Reception Devices rules adopted by the Federal Communication Commission, this provision shall be deemed amended, as necessary, to meet the minimum requirements of such rules. Tenant shall not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in 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 Rodent, Insect & Pest Eradication (including, but not limited ’s name prior to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowingor on 08/03/2019, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawnduring Lease term, and weed removal. The Tenant(s) recognize the fact that it is their responsibility keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to immediately bring any issues (including malfunction of irrigation system) Landlord, in addition to the attention of the Owner’s Agentutility xxxx and related charges. 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, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 Tenant shall be responsible for paying for any damages arising from 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 disconnection of the TENANT under the leaseutilities that are Tenant’s responsibility, including any disconnect or reconnect fees. TENANT is responsible Landlord shall not be liable for any cost related to the installation and/or maintenance disruption of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceof any utility.

Appears in 1 contract

Samples: Rental Agreement

Utilities, Services. If markedSublandlord shall have no obligation to provide to the Subleased Premises with any services or utilities (including without limitation telephone or internet services). Notwithstanding the foregoing, to the expense extent that utilities serving the Subleased Premises (excluding telephone and responsibility internet) are not separately metered, Sublandlord shall establish an account for such utilities and Subtenant shall pay to Sublandlord, as additional rent hereunder, Subtenant’s Share of the following items cost of such utilities (such utilities are referred to herein as “Sublandlord-Provided Utilities”). Sublandlord shall not be that responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the Tenantservices, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s gross negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. 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 RodentSubtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas charges associated with after-hours HVAC usage and bed bugsover-standard electrical charges). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) Notwithstanding anything to the attention of contrary in this Sublease or 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 sodMaster Lease, bugs, or weeds are present. Prior to receiving keys, tenant Subtenant 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, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD Sublandlord shall not be required to replaceperform any of the covenants, provideagreements or obligations of Master Landlord under the Master Lease and, or pay for these removed services for TENANT. TENANT may opt insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to pay for non- essential services be performed under the Master Lease by Master Landlord, Sublandlord’s obligation shall be to use commercially reasonable efforts to cause Master Landlord to so perform (but Sublandlord shall not be required to pay file a legal action to so enforce such matter). Notwithstanding the foregoing, should Sublandlord’s negligent acts or willful misconduct result in any interruption, cessation or disturbance in the provision of Subtenant-Provided Utilities to the Subleased Premises that materially impairs Subtenant’s use and occupancy of the Subleased Premises, such that Subtenant is prevented from using, and does not use the Subleased Premises or any portion thereof, for essential services including but more than three (3) consecutive days, commencing on the fourth (4th) day after the commencement of such interruption, cessation or disturbance, the Rent payable hereunder by Subtenant shall xxxxx during such time that Subtenant continues to be so prevented from using, and does not limited use, the Subleased Premises or a portion thereof, in the proportion that the square feet of the portion of the Subleased Premises that Subtenant is prevented from using, and does not use, bears to waterthe total square feet of the Subleased Premises; provided, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association however, that Subtenant shall not be construed as entitled to abatement or reduction of Rent to the extent the matters described in this sentence above arise out of or results from a prohibited practice by LANDLORD nor matter outside of Sublandlord’s reasonable control. To the extent Subtenant shall it constitute be entitled to abatement of Rent because of a default under damage or destruction or a taking pursuant to Section 29 below, then 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 terms 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 immediately prior sentence shall not 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceapplicable.

Appears in 1 contract

Samples: Sublease (Adverum Biotechnologies, Inc.)

Utilities, Services. If marked, Sublandlord shall have no obligation to provide to 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 Rodent, Insect & Pest Eradication Subleased Premises with any services or utilities (including, but not limited to ratswithout limitation, mice, roaches, ants, fleas telephone or internet services) of any kind and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring shall have no liability for any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done interruption in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, utilities 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, sewer, trash, guarded security gate or other services and the association decides these services will no longer be Subleased Premises; provided, TENANT however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, Subtenant agrees and understands that LANDLORD Sublandlord shall not be required to replaceperform any of the covenants, provideagreements or obligations of Master Landlord under the Master Lease and, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to pay for essential services including but not limited to water, sewer and 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 performed under the lease. The failure of TENANT to retain Master Lease by Master Landlord thereunder, Subtenant acknowledges 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 Subtenant will look solely to Master Landlord 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicesuch performance.

Appears in 1 contract

Samples: Sublease (Dynavax Technologies Corp)

Utilities, Services. If markedLandlord shall provide, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 Xxxxxx’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other services similar charges for Utilities imposed by any Governmental Authority or Utility provider, and the association decides these services will no longer any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Xxxxxxxx’s expense, any Utilities to be provided, TENANT agrees and understands that LANDLORD shall not be required separately metered or charged directly 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services Tenant by the association provider. Tenant shall not pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be construed furnished to Tenant or the Premises during the Term. Tenant shall pay, as a prohibited practice part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by LANDLORD nor shall it constitute a default under the leaseLandlord. The No interruption or failure of TENANT 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, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to retain limit use of water and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the leasesewer with respect to Common Areas to normal restroom use. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services 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 servicePremises. 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 Notwithstanding anything to the installation and/or maintenance of phone lines, cable lines, outlets and/or jackscontrary set forth herein, if TENANT chooses (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 Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have phone land line service and/or cable service.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 business day

Appears in 1 contract

Samples: Lease Agreement (RayzeBio, Inc.)

AutoNDA by SimpleDocs

Utilities, Services. If marked, Sublandlord shall have no obligation to provide to 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 Rodent, Insect & Pest Eradication Subleased Premises any services or utilities (including, but not limited to ratswithout limitation, mice, roaches, ants, fleas telephone or internet services) of any kind and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring shall have no liability for any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done interruption in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, utilities 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, sewer, trash, guarded security gate or other services and the association decides these services will no longer be Subleased Premises; provided, TENANT however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) the amounts necessary to reimburse Sublandlord for the actual costs of providing such services. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless Sublandlord receives such an abatement from Master Landlord, in which case such abatement shall be passed through to Subtenant, or such failure is a result of Sublandlord’s gross negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, Subtenant agrees and understands that LANDLORD Sublandlord shall not be required to replaceperform any of the covenants, provideagreements or obligations of Master Landlord under the Master Lease and, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to pay for essential services including but not limited to water, sewer and 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 performed under the lease. The failure of TENANT to retain Master Lease by Master Landlord thereunder, Subtenant acknowledges 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 Subtenant will look solely to Master Landlord 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 such performance, subject 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceSection 13.2.

Appears in 1 contract

Samples: Sublease (Dynavax Technologies Corp)

Utilities, Services. If marked, Sublandlord shall have no obligation to provide to 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring Subleased Premises with any issues services or utilities (including malfunction without limitation telephone or internet services) of irrigation system) to the attention of the Owner’s Agent. This notification must be done any kind and shall have no liability for any interruption in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, utilities 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 Subleased Premises. Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Subtenant shall pay to Sublandlord as cableRent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., satellite TVcharges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT Subtenant agrees and understands that LANDLORD Sublandlord shall not be required to replaceperform any of the covenants, provideagreements or obligations of Master Landlord under the Master Lease and, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to pay for essential services including but not limited to water, sewer and 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 performed under the lease. The failure of TENANT to retain Master Lease by Master Landlord thereunder, Subtenant acknowledges 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 Subtenant will look solely to Master Landlord 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicesuch performance.

Appears in 1 contract

Samples: Sublease (LMP Automotive Holdings, Inc.)

Utilities, Services. If markedTenant shall contract directly with utility providers for all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the expense extent the Project is plumbed for such services), janitorial services and responsibility refuse and trash collection (collectively, “Utilities”) required and/or utilized by Tenant during the Term. Upon Tenant’s request, Landlord shall assist Tenant, at no material cost to Landlord, in facilitating Tenant’s establishment of services with the following items 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 furnished to Tenant or the 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. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. 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 be that of the extent required by Legal Requirements or any Governmental Authority, 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. 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 Rodent, Insect & Pest Eradication The costs and expenses incurred by Landlord in connection with receiving and analyzing such water and/or energy usage data (including, but not limited to ratswithout limitation, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not may be required pursuant to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but applicable Legal Requirements) shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation included as part 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceOperating Expenses.

Appears in 1 contract

Samples: Lease Agreement (Adaptive Biotechnologies Corp)

Utilities, Services. If markedLandlord shall provide, subject to the expense and responsibility terms of the following items are to be that this Section 11, potable water (within 60 days after full execution 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as neededthis Lease), trimming shrubs and busheselectricity, watering the lawnheat, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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 sodventilation, bugsair conditioning, or weeds are present. Prior to receiving keyslight, 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 cablepower, satellite TV, alarm monitoring, internet, watertelephone, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 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 entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities 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 and shall pay the association decides these 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 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 there is any interruption, failure, stoppage or interference of the utilities, services will no longer be provided, TENANT agrees and understands that LANDLORD shall or access to the Premises or the Premises cannot be required used due to replacethe presence of any Hazardous Materials on or about the Building or the Project (except to the extent released or emitted in violation of Section 30 hereof), provideand such interruption continues for seven (7) consecutive calendar days, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but then Tenant shall be required entitled to pay for essential services including but not limited an equitable abatement of Rent to water, sewer and 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 extent 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 interference with Tenant’ s use of the TENANT under Premises occasioned thereby. Landlord’s sole obligation for either providing emergency generators or providing emergency backup power to Tenant shall be: (i) to provide emergency generators with not less than the leasecapacity 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. TENANT 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 responsible for maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any cost related period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the installation and/or maintenance 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 phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceback-up power.

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Utilities, Services. Tenant agrees at its own cost and expense, to pay for all water, gas, sewer (and septic tank service, if any), power and electric current, garbage collection and/or compacting, and other similar utilities or services used by the Tenant on the Premises and for all connection and/or hookup fees, standby charges, service fees, whether charged before or after completion of the Premises and/or the Building, maintenance, repair, replacement and inspection service for fire sprinkler system, drainage and sewer facilities, and all utilities from and after the delivery of possession of the Premises by Landlord. If markedseparate meters are provided for Tenant, the expense and responsibility cost of the following items meters, deposit for meters, and their installation shall be at Tenant's expense. In addition to the Rent specified in Article 2, Tenant shall pay as additional rent a utility charge to reimburse Landlord for utilities furnished by Landlord, if any, to the Premises. If Tenant installs upon the Premises any electrical equipment which constitutes an overload on the electrical lines of the Premises, Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of the insurance underwriters and any governmental authority having jurisdiction thereover, but nothing herein contained shall be deeded to constitute Landlord's consent to such overloading. Tenant agrees at its own cost and expense to pay for all lawn and yard care and maintenance and to maintain all landscaping in good repair and condition, specifically including the waterfall. Tenant shall not alter or remove the landscaping, including the waterfall, without the express, written consent of the Landlord. Landlord shall be permitted to remove the waterfall and surrounding landscaping at its own election and expense. Tenant agrees at its own cost and expense to pay for all security and fire alarm system maintenance and cost, including false alarm costs, and Tenant further agrees that any changes, alterations, or additions to the security/alarm system are to be that of the provided and performed by X. Xxxxxxx with Tri-City Sales, Incorporated, at Tenant's sole cost and expense. 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas Tenant agrees at its own cost and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and 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 expense to pay for non- essential services but shall be required to pay for essential services including but not limited to waterall telephone system maintenance and cost and that any changes, sewer and 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 premisesalterations, 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 additions to the installation and/or maintenance of phone linestelephone system are to be provided and performed by Telco Wiring & Repair, cable linesInc., outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceat Tenant's sole cost and expense.

Appears in 1 contract

Samples: Lease Agreement (ADVANCED MEDICAL ISOTOPE Corp)

Utilities, Services. If markedLandlord shall provide, subject to the expense and responsibility terms of the following items are to be that this Section 11, potable water (within 60 days after full execution 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as neededthis Lease), trimming shrubs and busheselectricity, watering the lawnheat, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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 sodventilation, bugsair conditioning, or weeds are present. Prior to receiving keyslight, 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 cablepower, satellite TV, alarm monitoring, internet, watertelephone, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 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 entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant's expense, any Utilities 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 and shall pay 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation cost of any such services after hours Utilities allocated to it by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the leaseLandlord. The No interruption or failure of TENANT 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 retain limit use of water and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach sewer with respect to Common Areas to normal restroom use. If there is any interruption, failure, stoppage or interference 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.utilities,

Appears in 1 contract

Samples: Lease Agreement (Xcyte Therapies Inc)

Utilities, Services. If marked, Sublandlord shall have no obligation to provide to 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring Subleased Premises any issues services or utilities (including malfunction without limitation telephone or internet services) of irrigation system) to the attention of the Owner’s Agent. This notification must be done any kind and shall have no liability for any interruption in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, utilities 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 Subleased Premises; provided, however, that to the extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall pay to Sublandlord (upon receipt of invoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services (all as cablereasonably determined by Sublandlord). Sublandlord shall not be responsible or liable in any way for any failure or interruption, satellite TVfor any reason whatsoever, alarm monitoringof the services, internetutilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, water, sewer, trash, guarded security gate and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of rent or other charge, unless such failure is a result of Sublandlord’s gross negligence or willful misconduct or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the association decides these services will no longer be providedcontrary in this Sublease or the Master Lease, TENANT Subtenant agrees and understands that LANDLORD Sublandlord shall not be required to replaceperform any of the covenants, provideagreements or obligations of Master Landlord under the Master Lease and, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to pay for essential services including but not limited to water, sewer and 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 performed under the lease. The failure of TENANT to retain Master Lease by Master Landlord thereunder, Subtenant acknowledges 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 Subtenant will look solely to Master Landlord 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicesuch performance.

Appears in 1 contract

Samples: Sublease (Atreca, Inc.)

Utilities, Services. If markedLandlord shall furnish the Premises with electricity for office use, including lighting and low power usage for office machines and water for restroom facilities. Landlord shall furnish the Premises with heat and air conditioning services as required, in Landlord's judgment, for the comfortable use and occupancy of the Premises. Landlord shall provide further services (such as janitorial services and trash disposal) if Landlord and Tenant specifically agree to such additional services and identify such services with specificity on Exhibit F hereto. The mechanical system is designed to accommodate heating loads generated by the types and quantities of lights and equipment commonly found in suburban office park general administrative offices. Before installing lights and equipment in the Premises which in the aggregate exceed such amount (e.g. devoting the Premises to high density computer work station operations) or require a voltage other than 120 volts single phase, Tenant shall obtain the written permission of Landlord. Landlord may refuse to grant such permission unless Tenant agrees to pay Landlord's costs of installing any supplxxxxxxry air conditioning or electrical systems required by such equipment or lights. In addition, Tenant shall pay Landlord in advance, as additional rent, on the first day of each month during the Term, the expense amount estimated by Landlord as the cost of furnishing electricity for the operation of such equipment or lights and responsibility the amount estimated by Landlord as the cost of operating and maintaining supplementary air conditioning units necessitated by Tenant's use of such equipment or lights. Landlord shall be entitled to install and operate, at Tenant's cost, a monitoring/metering system in the following items are Premises to measure the added demands on electricity and the HVAC systems resulting from such equipment and lights, and from Tenant's HVAC requirements during other than Normal Business Hours. Tenant shall comply with Landlord's instruction for the use of drapes, blinds and thermoxxxxx. Tenant acknowledges that Landlord shall have sole control over the determination of what utility providers serve the Project, and Landlord shall have no obligation to give access or easement rights or otherwise allow onto the Project any utility providers except those approved by Landlord in its discretion. . If, for any reason, Landlord permits Tenant to purchase utility services from a provider other than Landlord's designated compan(ies), such provider shall be that considered a contractor of Tenant and Tenant shall indemnify defend and hold Landlord harmless from such provider's acts and omissions while in, or in connection with their services to, the Building or Project in accordance with the terms and conditions of Article 15. In addition, Tenant shall allow Landlord to purchase such utility service from Tenant's provider at Tenant's rate or at such lower rate as can be negotiated by the aggregation of Landlord's tenants' requirements for such utility. 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 RodentExcept for the costs of above-building standard and/or after-hours services, Insect & Pest Eradication (includingwhich shall be paid directly by Tenant, but not limited the costs of all utilities and services provided pursuant to rats, mice, roaches, ants, fleas and bed bugsthis Section 12 shall be Expenses allocated to Tenant as part of Tenant's Share of Expenses pursuant to Section 4(b). Lawn/Yard Maintenance (including, but not limited to, mowing, above. Tenant shall pay when due and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) directly to the attention of 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 service provider any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate telephone or other services metered, chargeable or provided to the Premises and the association decides these not charged as part of Tenant's Share of Expenses. Landlord does not warrant that any utilities or services will no longer be providedfree from interruption including by reason of accident, TENANT agrees repairs, alterations or improvements and understands that LANDLORD including by reason of computer programming weaknesses known generally as the "Year 2000" problem. No utility interruption shall be deemed an eviction or disturbance of Tenant, or render Landlord liable to Tenant for damages, or relieve Tenant from the full and complete performance of all of Tenant's obligations under this Lease. Landlord shall provide such security for the Project as it deems appropriate. During other than Normal Business Hours, Landlord may restrict access to the Project in accordance with the Project's security system. Landlord shall not be required liable to replaceTenant for injury to its agents, provideemployees, customers or invitees, or pay for these removed services losses due to theft or burglary, or for TENANTdamages done by unauthorized persons in the Project. TENANT may opt to pay Landlord shall provide two keys for non- essential services but the corridor door entering the Premises, and additional keys at a charge by Landlord on an order signed by Tenant. All such keys shall remain the property of Landlord. No additional locks shall be required to pay for essential services including but not limited to waterallowed on any door of the Premises without Landlord's written permission, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association Tenant 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 premisesmake, or is evictedpermit to be made, TENANT any duplicate keys, except those furnished by Landlord. Upon termination of this Lease, Tenant shall remain responsible for surrender to Landlord all accruing utility charges otherwise the responsibility of the TENANT under the lease. TENANT is responsible for any cost related keys to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicePremises.

Appears in 1 contract

Samples: Work Letter Agreement (Neah Power Systems, Inc.)

Utilities, Services. If marked, Tenant shall pay for all utility services furnished for the expense and responsibility operation of the following items are Premises. Tenant shall apply 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 Rodentapplicable utility company or municipality for gas, Insect & Pest Eradication (includingelectricity, but not limited to rats, mice, roaches, ants, fleas telephone and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowingall other utility services required by Tenant for use in the Premises, and edging weekly/ bi- weekly (as needed), trimming shrubs Tenant shall be responsible for the connection and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction installation of irrigation system) to the attention of 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 AGREEMENTsame. In the event a condominium association or homeowners association is currently providing that any services such utilities are provided to Tenant in common with other tenants in the unit such as cableBuilding and not metered directly to Tenant, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT 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 Landlord for non- essential services but shall be required to pay for essential services such utility usage based upon Landlord’s allocation of such utility usage among such tenants, including but not limited to water, sewer and 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 leaseTenant. In the event Tenant fails to pay any utility xxxx within forty-five (45) days after the premises due date, Landlord may but shall not be obligated to pay such bills (without any duty to investigate the validity thereof). in which event Tenant shall immediately reimburse Landlord for the amount paid by Landlord plus interest at the default interest rate set forth in this lease. Landlord shall not provide any janitorial service to the Premises. Tenant shall be responsible, at its sole cost and expense, for providing janitorial service to the Premises on a daily basis, or alternatively, securing a janitorial service contract for the Premises which is currently on well reasonably acceptable to Landlord. Tenant shall have the right to 24/7 365 Day access to the Premises. Landlord shall clear sidewalks and Parking areas of snow and debris as Landlord deems reasonably necessary. Landlord shall properly maintain the exterior lighting from Premises office doors to the parking lot. Tenant agrees that Landlord and its agents shall not be liable in damages. by abatement of Rent or otherwise, for any failure of Tenant to secure gas, electrical or other utility services from local utilities. Tenant further agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for Landlord’s failure to furnish or delay in furnishing any service which Landlord is obligated to provide pursuant to the terms and provisions of this lease, or for Landlord’s failure to perform or delay in performing any other obligation required to be performed by Landlord under this lease or by operation of law, when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, if or other fuel at the municipality Building after reasonable effort so to do, by any accident or county decides casualty whatsoever, by the act or default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays, or the nonexistence of any utility, whether occasioned by Landlord or some third party, shall never be deemed to connect constitute an eviction or disturbance of the premises Tenant’s use and possession of the Premises or relieve the Tenant from paying Rent or performing any of its obligations under this lease. Tenant will look to city/municipality waterits own business interruption insurance for any losses or damages arising from such interruptions. Tenant agrees to cooperate fully. at all times, TENANT with Landlord in abiding by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of all utilities and services reasonably necessary for the operation of the Premises and the Building. Landlord, throughout the term of this lease, shall have free access to any and all mechanical installations, and Tenant agrees that TENANT there shall be responsible for paying for no construction or partitions or other obstructions which might interfere with 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 moving of the TENANT under servicing equipment of Landlord to or from the leaseenclosures containing said installations, provided that Landlord gives Tenant at least 24 hour’s advance notice of such access (except in cases of emergency), and that such access does not interfere with the conduct of Tenant’s business. TENANT is responsible for Tenant further agrees that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any cost related to the installation and/or maintenance of phone linestime tamper with, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable serviceadjust or otherwise in any manner affect Landlord’s mechanical installations.

Appears in 1 contract

Samples: Haemonetics Corp

Utilities, Services. If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric (all meters) Oven Drip Pans Water (all meters) Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 2 Months 1 Month Locks/Keys Adding Vinegar to A/C Drain Tube Monthly Water Softener Salt Refrigerator Water Filter Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 bill and monthly sewer xxxx bill 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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.

Appears in 1 contract

Samples: Residential Lease

Utilities, Services. If markedTenant shall pay for water, gas, electricity, sewer, trash collection and removal, janitorial supplies and services, telecommunications, data and any other utilities or services used on or provided to the expense Building and/or the Exterior Areas. Tenant shall obtain all utilities and responsibility services in Tenant’s own name and timely pay for the costs therefor directly to the respective utility and/or service provider. Notwithstanding the foregoing, if a utility cannot be obtained in Tenant’s own name (e.g., because the utility (such as water or sewer) must be in the name of the following items are to be that owner of the Building), then Landlord shall retain any such utility in Landlord’s own name, in which event Tenant (at Landlord’s option) shall either pay for the costs therefor (i) directly to Landlord (outside of Operating Expenses), as Additional Rent, within 30 days after being billed, or (ii) through Operating Expenses. The cost of any utility or service supplied to the Exterior Areas shall be included in Operating Expenses to the extent permitted under this Lease. All utility and service costs shall include any taxes or other customary charges imposed in connection therewith by the utility or service provider, supplier or governmental authority having jurisdiction. Landlord shall not be responsible or liable for any interruption in utilities or services, or for any injury to property caused thereby, nor shall such interruption affect the continuation or validity of this Lease, give rise to an abatement or relieve Tenant from full performance of Tenant’s obligations under this Lease, except pursuant to Applicable Laws. 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 RodentNotwithstanding the foregoing, Insect & Pest Eradication (includingexcept for events related to Force Majeure, but in the event that any utility is not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowingdelivered for a period in excess of 3 consecutive business days, and edging weekly/ bi- weekly as a result of such circumstance any portion of the Premises is rendered untenantable (as neededincluding inability to access the Premises or the Building), trimming shrubs and bushesRent shall xxxxx for the duration of such circumstance until the Premises is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, watering as applicable. Notwithstanding the lawnforegoing, subject to Section 16 below, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) except for events related to the attention acts or omissions of Tenant and/or any Tenant Party, in the event that any utility is not delivered for a period in excess of 180 consecutive days, and as a result of such circumstance 20% or more of the Owner’s Agent. This notification must Premises are rendered untenantable, then Tenant, at any time thereafter prior to the date the Premises or the affected portion thereof, as applicable, is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, as applicable, shall have the right to terminate this Lease by giving Landlord prior written notice thereof, in which event this Lease shall automatically terminate and the parties shall be done in writing. An email will suffice. The tenant must immediately notify released from any further obligations or liabilities under this Lease, except for such obligations or liabilities set forth herein that expressly survive the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation termination 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 AGREEMENTthis Lease. In the event that any utility is not being delivered to the Premises and as a condominium association result of such circumstance any portion of the Premises is rendered untenantable (including inability to access the Premises or homeowners association is currently the Building), Landlord shall use commercially reasonable efforts, under the circumstances, to cause the interrupted utility to the Premises to be restored as soon as reasonably practicable. Landlord shall have the exclusive right to select, and, upon 30 days prior written notice to Tenant, to change, the companies providing any such utilities or services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate Building or other services and the association decides these services will no longer be Premises; provided, TENANT agrees however, that (i) the rates for such utilities or services are commercially reasonable, (ii) such change is without unreasonable diminution in quantity or quality of services, and understands (iii) Tenant may select its own telecommunication and data services provider (provided, however, that LANDLORD shall if such telecommunication and/or data services provider is not be required to replacethen serving the Building, providethen Tenant, or pay at its sole cost and expense, is responsible 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation bringing connectivity 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 provider to the installation and/or maintenance Building and the Premises in compliance with Section 13 of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicethis Lease).

Appears in 1 contract

Samples: Attornment and Non Disturbance Agreement (Prelude Therapeutics Inc)

Utilities, Services. If markedLandlord shall provide, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, heat, light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate 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 services similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense at Landlord’s expense (except to the association decides these services will no longer extent necessary as a result of Tenant’s disproportionate use of Utilities), any Utilities to be provided, TENANT agrees and understands that LANDLORD shall not be required separately metered or charged directly 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services Tenant by the association provider. Tenant shall not pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be construed furnished to Tenant or the Premises during the Term. Tenant shall pay, as a prohibited practice part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by LANDLORD nor shall it constitute a default under the leaseLandlord. The No interruption or failure of TENANT 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 retain limit use of water and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the leasesewer with respect to Common Areas to normal restroom use. 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 Tenant shall be responsible for obtaining and paying for its own janitorial services 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 servicePremises. 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 Notwithstanding anything to the installation and/or maintenance of phone lines, cable lines, outlets and/or jackscontrary set forth herein, if TENANT chooses (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the 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 Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have phone land line service and/or cable service.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 business day 739800997.11739800997.11 Net Office/Laboratory 1280 Rancho Conejo /Atara - Page 14

Appears in 1 contract

Samples: Lease Agreement (Atara Biotherapeutics, Inc.)

Utilities, Services. If marked, the expense and responsibility The hours of operation of the following items Building are 6:00 a.m. to be that of the Tenant6:00 p.m., Monday through Friday, legal holidays excepted. 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 RodentDuring such periods, Insect & Pest Eradication (includingLandlord shall provide, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) subject to the attention terms of 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, internetthis Section 11, water, electricity, HVAC, light, power, sewer, trashand other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), guarded security gate refuse and trash collection and janitorial services (collectively, “Utilities”). Upon reasonable advance notice from Tenant to Landlord, Landlord shall make available after hours HVAC or other services and ventilation. Commencing on the association decides these services will no longer be providedCommencement Date, 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 Tenant shall be required to pay to Landlord a fee at the rate of $266.97 per operating hour for essential services including but not limited providing such after-hours HVAC and $126.63 per operating hour for providing such after-hours ventilation, which fees may be amended by Landlord from time to water, sewer and trash if the association no longer provides these servicestime upon reasonable advance written notice to Tenant. The discontinuation minimum use of after-hours HVAC 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 Xxxxxx’s reimbursement 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 may cause, at Tenant’s expense, any Utilities 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 Excess 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, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as expressly 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. 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 services by the association shall not be construed stoppage of an Essential Service being hereinafter referred to as a prohibited practice by LANDLORD nor “Service Interruption”), and (ii) such Service Interruption continues for more than 3 consecutive business days after Landlord shall it constitute have received written notice thereof from Tenant, and (iii) as a default under result of such Service Interruption, the lease. The failure conduct 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 cityTenant’s normal Net Multi-Tenant Office/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 waterLaboratory 611 Gateway – Suite 740/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 installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable service.Spruce Bio - Page 12

Appears in 1 contract

Samples: Lease Agreement (Spruce Biosciences, Inc.)

Utilities, Services. If markedTenant shall promptly pay directly to the appropriate utility or service provider, as the expense same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and responsibility any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Lease Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. Tenant’s use of electricity shall never exceed the capacity of the following items are feeders to be that the Building or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any “Lines” in the Premises, except in accordance with Paragraph 24 below or the Tenant Improvement Agreement. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area 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 RodentProject, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required render Landlord liable for damages to replaceeither person or property or for interruption or loss to Tenant’s business, 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 but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rental, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other Applicable Laws permitting the termination of this Lease due to such failure or interruption. Notwithstanding the foregoing or anything to the contrary contained in this Lease, if Tenant is prevented from using, and does not use, the Premises or any material portion thereof as a prohibited practice consequence of a cessation of utilities (i) not caused by LANDLORD nor shall it constitute a default under Tenant or any Tenant Party and either within the lease. The failure reasonable control of TENANT Landlord to retain and pay for essential services upon notice and demand correct or covered by rental interruption insurance then carried by Landlord or (ii) caused by the LANDLORD negligence or willful misconduct of any Landlord Indemnitee (each, a “Utility Cessation Event”), then Tenant shall constitute a material breach give Landlord notice of such Utility Cessation Event, and if such Utility Cessation Event continues for more than five (5) consecutive business days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then the Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be abated after expiration of the leaseUtility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises. In Such right to xxxxx Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be Tenant’s sole and exclusive remedy at law or in equity for a Utility Cessation Event; provided, however, that if a Utility Cessation Event continues for nine (9) months after Landlord’s receipt of notice thereof from Tenant, then Tenant shall thereafter have the right to terminate this Lease by delivery of written notice of termination to Landlord at any time prior to cessation of the Utility Cessation Event. Except in the event the premises is currently on well waterUtility Cessation Event results from a default by Landlord under this Lease, if (1) Tenant’s termination shall constitute an election of remedies, and (2) Landlord shall have no liability to Tenant in connection with such Utility Cessation Event. The provisions of this Paragraph 10.1 shall survive the municipality expiration or county decides to connect earlier termination of this Lease until all claims within the premises to city/municipality waterscope of this Paragraph 10.1 are fully, TENANT agrees that TENANT shall be responsible for paying for the monthly water xxxx finally and monthly sewer xxxx if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited absolutely barred 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 applicable statutes of the TENANT under the lease. TENANT is responsible for any cost related to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicelimitations.

Appears in 1 contract

Samples: Lease (Harmonic Inc)

Utilities, Services. If marked, 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 Rodent, Insect & Pest Eradication (including, but not limited to rats, mice, roaches, ants, fleas and bed bugs). Lawn/Yard Maintenance (including, but not limited to, mowing, and edging weekly/ bi- weekly (as needed), trimming shrubs and bushes, watering the lawn, and weed removal. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of 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, sewer, trash, guarded security gate or other services and 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 but not limited to water, sewer and 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 Landlord shall be responsible for paying the payment of the following utilities and services that serve the Premises, subject to reimbursement of same as provided for herein (check those that apply): Electricity Gas Water/Sewer Telephone & Data Service Trash Security Alarm Monitoring Janitorial Service & Supplies Tenant shall be responsible for the monthly water xxxx direct payment or reimbursement to Landlord of the following utilities and monthly sewer xxxx if no longer on septic services that serve the Premises (check those that apply): Electricity Gas Water/Sewer Telephone & Data Service Trash Security Alarm Monitoring Janitorial Service & Supplies In the event any of Tenant's afore-mentioned utilities are not separately metered to the Premises, Tenant shall pay at Landlord's option, either Tenant's Share or a reasonable proportion to be determined by Landlord of all charges jointly metered with other Premises in the Building. Said services and utilities shall be provided during generally accepted business days and hours or such other days or hours as may hereafter be set forth. Utilities and services required at other times shall be subject to advance request and reimbursement by Tenant to Landlord of the cost thereof. Tenant shall not make connection to the utilities except by or through existing outlets and shall place not install or use machinery or equipment in or about the Premises that uses excess 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 premiseslighting, or is evictedpower, TENANT or suffer or permit any act that causes extra burden upon the utilities or services. Landlord shall remain responsible for all accruing utility charges otherwise the responsibility of the TENANT under the lease. TENANT is responsible require Tenant reimburse Landlord for any excess expenses or costs that may arise out of a breach of this subparagraph by Tenant at actual cost related or at a predetermined rate of $50.00 per hour of usage. Landlord may, in its sole discretion, install at Tenant's expense supplemental equipment and/or separate metering applicable to Tenant's excess usage or loading. There shall be no abatement of rent and Landlord shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption, or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair, or other cause beyond Landlord's reasonable control or in cooperation with governmental request or directions. Promptly upon request from Landlord,, Tenant shall provide monthly electricity and other utility usage data for the Premises to Landlord for the period of time requested by Landlord in electronic or paper format, or, at Landlord’s sole option, provide any written authorization or other documentation required for Landlord to request information regarding Tenant’s electricity and other utility usage data with respect to the installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to have phone land line service and/or cable servicePremises directly from the appropriate utility company.

Appears in 1 contract

Samples: www.sbcounty.gov

Time is Money Join Law Insider Premium to draft better contracts faster.